Fagunath Singh vs State Of Chhattisgarh
2022 Latest Caselaw 6358 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet

                                        CRR No. 1057 of 2022


        Fagunath Singh, S/o Babulal, Aged About 42 Years, R/o Village Kulhadiya
         (Bagbudi Para), Outpost Korbi, Police Station Pasan, District Korba (C.G.).
                                                                          ---- Applicant
                                            Versus
        State of Chhattisgarh, Through- District Magistrate, Korba, District Korba
         (C.G.).                                               ---- Non-Applicant/State



18.10.2022

Mr. Sanjeev Verma, counsel for the applicant.

Ms. Pushpalata Khalkho, 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 to the applicant.

This criminal revision has been filed under Section 397 read with

Section 401 of CrPC against the judgment dated 19.09.2022 passed by

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

Criminal Appeal No.36/2017 upholding the judgment dated 04.08.2017

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

Criminal Case No. 389/2016 convicting and sentencing the applicant as

under:-

Conviction Sentence U/s. 354 of IPC R.I. for 1 year and fine amount of Rs. 500/- and in default of payment of fine further RI for 1 month.

Learned counsel for the applicant submits that the maximum sentence

awarded to the applicant is 1 year, he was on bail during trial as well as during

pendency of appeal, he is in jail since 19.09.2022 and final disposal of this

revision is likely to take some time, therefore, the application (I.A. No.1/2022)

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 RI has been inflicted upon the applicant, he was on bail

during trial as well during pendency of appeal, he never misused the liberty

granted to him; at present, he is in jail since 19.09.2022 and final disposal of

this revision is likely to take some time, therefore, 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

19.12.2022 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