Lakheshwar vs State Of Chhattisgarh
2022 Latest Caselaw 6285 Chatt

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                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                                    Order Sheet

                                            Cr.R. No. 684 of 2010
          Lakheshwar S/o Shri Jagatram Bareth, Aged About 42 Years, R/o Village Khod, Tehsil &
           P.S. Akaltara, District Janjgir-Champa (C.G.)                         ---- Applicant

                                                      Versus

          State Of Chhattisgarh through the District Magistrate, District Janjgir-Champa, C.G.

                                                                                         ---- Non-applicant




14.10.2022

Shri G. R. Miri, learned senior counsel appears along with Shri Basant Kaiwartya,

counsel for the Applicant.

Shri Gagan Tiwari, Dy. G.A. for the State/Non-applicant.

Heard on I.A. No.02/2022, an application for suspension of sentence and grant of

bail.

By virtue of the impugned judgment of conviction and order of sentence dated

22.11.2010 passed by learned Sessions Judge, Janjgir-Chmapa (C.G.) in Criminal Appeal

No.11/10, the Applicant stands convicted and sentenced as under:-

Conviction Sentence U/s 498-A of IPC R.I. for 06 months and fine of Rs.100/- and in default of payment of fine additional S.I. for 30 days.

U/s 323 of IPC R.I. for 03 months and fine of Rs.200/- and in default of payment of fine additional S.I. for 30 days.

Learned counsel appearing for the Applicant submits that this Court vide order dated

16.12.2010 has released the Applicant on bail under certain terms and conditions.

However, when the matter was listed on 12.08.2022, none was present on his behalf,

therefore, non-bailable warrant was issued for his production before this Court vide its order

dated 12.08.2022 and in pursuance thereof, the Applicant has been produced before this

Court by the Head Constable Chagan Sahu and Constable Mudrika Dubey. He submits

further that non-appearance of the Applicant on the said date, i.e., 12.08.2022 was not

deliberate, therefore, non-bailable warrant so issued on 12.08.2022 be recalled and the

Applicant be released on bail.

On the other hand, learned counsel appearing for the Non-applicant/State has

opposed the same.

On due consideration and for the reasons assigned therein and considering further

the short term sentence awarded to the Applicant, I am inclined to allow the said

application.

Accordingly, I.A. No.02/2022 is allowed and it is directed that the substantive jail

sentence imposed upon the Applicant shall remain suspended during the pendency of this

revision and he shall be released on bail on his furnishing a personal bond of Rs.5,000/-

along with one surety of like sum to the satisfaction of the concerned trial Court for his

appearance before the said Court on 05 th December, 2022 and, thereafter continue to

appear on such subsequent dates as are given to him by the said Court, till the final

disposal of this revision.

I.A. No.02/2022 stands disposed of.

List it for final hearing in its turn.

                Certified copy today itself.                            Sd/-

                                                                 (Sanjay S. Agrawal)
                                                                      Judge




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