Mukesh @ Landu vs State Of Chhattisgarh
2022 Latest Caselaw 6239 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRR No. 973 of 2022
   Mukesh @ Landu S/o Pancham Netam, Aged About 30 Years, R/o Bartori, P.S. Nevra,
    District Raipur Chhattisgarh.
                                                                            ---- Applicant
                                          Versus
   State Of Chhattisgarh, Through District Magistrate Baloda Bazar, District Baloda
    Bazar- Bhatapara Chhattisgarh.
                                                                         ---- Respondent

13/10/2022 Shri Rekhraj Baghel, Advocate for the applicant.

Ms. Pushplata Khalkho, P.L. for the State/ respondent.

Heard on I.A. No.1 of 2022, an application for suspension of sentence and grant of bail to the applicant.

This Criminal Revision has been filed against the judgment dated 22- 06-2022, passed in Criminal Appeal No.H-19/2018, by the Court of learned Additional Sessions Judge, Bhatapara, District- Baloda Bazar-Bhatapara, Chhattisgarh affirming the judgment of the trial Court whereby the applicant has been convicted and sentenced in the following manner with a direction to run both the sentences concurrently :-

Conviction Sentence

Under Section 420 of the R.I. for 3 years and to pay fine of Rs.200/- and in Indian Penal Code. default of payment of fine, further R.I. for 3 months.

Under Section 6 of the R.I. for 3 years and fine of Rs.200/- and in default Chhattisgarh Tonhi Pratadna of payment of fine, further R.I. for 3 months. Nivaran Act Learned counsel for the applicant submits that during the pendency of trial and appeal, the applicant was on bail. At present, he is in jail since 22.6.2022 and the conclusion of this criminal revision may take time, therefore, he prays for release of the applicant on bail. Per contra, learned counsel for the State opposes the application. Heard learned counsel for the parties and perused the documents.

Considering the fact that the applicant was on bail during trial and during pendency of the appeal and also considering the age of the applicant and the detention period from the date of judgment i.e. 22.6.2022, I am inclined to suspend the substantive jail sentence awarded to the applicant.

Accordingly, I.A. No. 01/2022, application for suspension of sentence and grant of bail to the applicant, 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 in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 15th December, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this criminal revision.

List this case for final hearing in due course.

Sd/-

(Rakesh Mohan Pandey) Judge

Aadil