Chattisgarh High Court
Manoj Kumar Sahu vs State Of Chhattisgarh on 18 October, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR. No. 1001 of 2022
Manoj Kumar Sahu S/o Girjaram Sahu Aged About 49 Years Caste- Sahu,
R/o Village Beloudi, District- Balod, Present Address- Village Gidhouri, Police
Station- Gidhouri, District : Balodabazar-Bhathapara, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through The District Magistrate, Police Station
Shivrinarayan, District : Janjgir-Champa, Chhattisgarh.
----Respondent
18/10/2022 Shri Avinash Chand Sahu, Advocate for the applicant.
Shri Shakti Singh, 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 16-09-2022, passed in Criminal Appeal No.33 of 2020, by the
Court of learned Second Additional Sessions Judge, Janjgir,
District- Janjgir-Champa, 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 all the sentences
concurrently :-
Conviction Sentence
Under Section 420 of the Indian R.I. for 2 years and to pay fine of
Penal Code. Rs.500/- and in default of payment
of fine, R.I. for 1 month.
Under Section 467 of the Indian R.I. for 3 years and to pay fine of
Penal Code. Rs.500/- and in default of payment
of fine, R.I. for 1 month.
Under Section 468 of the Indian R.I. for 2 years and to pay fine of
Penal Code. Rs.500/- and in default of payment
of fine, R.I. for 1 month.
Under Section 471 of the Indian R.I. for 6 months and to pay fine of
Penal Code. Rs.500/- and in default of payment
of fine, R.I. for 1 month.
Learned counsel for the applicant submits that during the
pendency of trial and appeal, the applicant was on bail. He never
misused the liberty and further, the applicant is a government
servant, therefore, he prays for suspension of sentence and grant of
bail to the applicant.
Per contra, learned counsel for the State opposes the
application.
Heard learned counsel for the parties and perused the
documents.
From the record, it appears that the applicant was on bail
during trial and during pendency of the appeal. At present, he is in
jail since 16.9.2022 and this criminal revision is likely to take
sometime for its conclusion, therefore, I am inclined to suspend the
substantive jail sentence awarded to the applicant.
Accordingly, I.A. No. 01 of 2022, an 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 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 19th 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
Nimmi
