Manoj Kumar Wadhwani @ Pappu vs State Of Chhattisgarh
2022 Latest Caselaw 6320 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                      CRR No. 1055 of 2022
        Manoj Kumar Wadhwani @ Pappu, S/o Rajkumar Wadhwani, Aged About 31
         Years, R/o Ward No. 09, Tilak Nagar Katghora, District : Korba, Chhattisgarh.
                                                                          ---- Applicant
                                           Versus
        State of Chhattisgarh, Through- District Magistrate Korba, District : Korba,
         Chhattisgarh.                                         ---- State/Non-applicant




17.10.2022

Ms. Nupur Trivedi, counsel for the applicant.

Mr. Sudhir Sahu, P.L. for the State/Non-applicant.

Heard.

Admit.

Call for record of the Courts below.

Also heard on I. A. No.1/2022 application for suspension of sentence and grant of bail.

This criminal revision has been filed under Section 397 read with

Section 401 of CrPC against the judgment dated12.10.2022 passed by

Second Additional Sessions Judge, Katghora, District- Korba (C.G.) in

Criminal Appeal No.15/2020 upholding the judgment dated 20.02.2020

passed by Judicial Magistrate First Class, Katghora, District- Korba (C.G.) in

Criminal Case No.130/2014, convicting and sentencing the applicant as

under:-

 Conviction                            Sentence
Under Section 325 of IPC             RI for 1 year and fine of Rs. 1,000/-
                                    and in default of payment of fine 15
                                    days additional RI.

Learned counsel for the applicant submits that the applicant was on

bail during trial as well as during dendency of appeal, he is in jail since

12.10.2022 and final disposal of this revision is likely to take some time,

therefore, the application for suspension of sentence and grant of bail may be

allowed.

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

opposes the bail application (IA. No.1/2022).

Considering the facts & circumstances of the case, the short

sentence of 1 year has been inflicted upon the applicant, he was on bail

during trial as well during pendency of appeal, the applicant is in jail since

12.10.2022 and final disposal of this revision is likely to take some time,

without commenting anything on merits of the case, the application (I.A.

No.1/2022) is allowed.

It is directed that the execution of 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

in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction

of the trial Court.

The applicant shall appear before the Registry of this Court on

20.12.2022 and thereafter appear before the trial Court on a date to be

given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of

this criminal revision.

List the case for final hearing.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim