Vishveshwar Mandavi vs State Of Chhattisgarh
2022 Latest Caselaw 6251 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                      Criminal Revision No.1037 of 2022
  •   Vishveshwar Mandavi S/o. Rajman Singh Mandavi, Aged About 34
      Years R/o. Raurpara Gadagouri, P.S. Charama, District- Bastar Kanker,
      Chhattisgarh.
                                                                    ---- Applicant
                                      Versus
  •   State Of Chhattisgarh, Through P.S. Charama, District- Uttar Bastar
      Kanker, Chhattisgarh.
                                                               ----Non-applicant



13/10/2022

Mr. Prasoon Agrawal, Advocate for the applicant.

Mr. Lalit Jangde, Dy. Govt. Advocate for the State.

Heard.

Admit.

Call for record of the Courts below.

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

This Criminal Revision is filed by the applicant against the judgment dated 18.08.2022, passed in Criminal Appeal No.29/2021, by learned Sessions Judge, Uttar Bastar Kanker, C.G., whereby the judgment passed by the learned trial Court dated 04.04.2019, in Criminal Case No.272/2014, has been affirmed, with a direction to run both the sentences concurrently in the following manner:-

                      Conviction                         Sentence

              U/s.     498-A    of   Indian R.I. for 02 years and fine of Rs.2000/-
              Penal Code.                   and in default of payment of fine,
                               additional 15 days' imprisonment.

U/s 323 of Indian Penal R.I. for 06 months and fine of Rs.500/- Code. and in default of payment of fine, additional 15 days' imprisonment.

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. 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 that the applicant was on bail during trial as well as during pendency of appeal and the final disposal of this case is likely to take some time and the applicant is in jail since 28.07.2022, therefore, I am inclined to allow this application.

Accordingly, I.A. No.01/2022, an application for suspension of sentence & fine and for 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 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 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 them by the said Court, till disposal of this criminal revision.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge

Monika