Tulsidas Mahant vs State Of Chhattisgarh
2022 Latest Caselaw 6169 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                      Criminal Revision No.1017 of 2022
  •   Tulsidas Mahant S/o Amardas Mahant, Aged About 45 Years, R/o
      Village Gursiyan, Police Station Bango, District : Korba, Chhattisgarh
                                                                   ---- Applicant
                                    Versus
  •   State Of Chhattisgarh Through District Magistrate, Korba, District :
      Korba, Chhattisgarh
                                                             ----Non-applicant



10/10/2022

Mr. Aditya Khare, Advocate for the applicant.

Mr. Sunil Sahu, Panel Lawyer for the State. Heard.

Also heard on I.A. No.01/2022, an application for suspension of sentence and grant of bail.

This Criminal Revision is filed by the applicants against the judgment dated 29.07.2022, passed in Criminal Appeal No.17/2018, by learned Second Additional Sessions Judge, Katghora, District- Korba, C.G., whereby the judgment passed by the learned trial Court dated 28.12.2017, in Criminal Case No.1029/2015, has been affirmed and convicted the applicant in the following manner:-

Conviction Sentence

U/s. 325 of Indian Penal R.I. for 02 years and fine of Rs.500/-

Code. and in default of payment of fine, additional R.I. for 01 month.

It is submitted by the learned counsel for the applicant that during the trial as well as during the pendency of the appeal, the applicant was on bail and he has never misused the liberty granted to him. He is in jail since 29.07.2022 and the maximum sentence inflicted by the learned Courts below is 02 years. This Criminal Revision would likely to take time for its final disposal, therefore, he prays for suspension of sentence and grant of bail to the applicant.

Per contra, learned counsel for the State opposes the application.

I have heard learned counsel for the parties and perused the records.

Considering the fact that the applicant was on bail during trial as well as during the pendency of appeal, and he never misused that liberty and this Criminal Revision would likely to take some time for its final conclusion, therefore, I feel inclined to allow this application.

Accordingly, I.A. No.01/2022, an application for suspension of sentence and grant of bail, is allowed.

It is directed that the jail sentence imposed upon the applicant shall remain suspended during the pendency of this criminal revision and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19 th of December, 2022. He shall continue to appear before the Registry of this Court on a date to be given by the same and shall continue to appear there on all such subsequent dates as are given to him by the Registry, till disposal of this criminal revision.

Certified copy as per rules. S Sd/-

Monika                                             (Rakesh Mohan Pandey)
                                                         Judge