Chattisgarh High Court
Smt. Panchkumari vs State Of Chhattisgarh on 19 October, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Revision No.1065 of 2022
1.
Smt. Panchkumari W/o Jagannath Prasad Gupta, Aged About 58 Years
2. Laxmikant S/o Jagannath Prasad Gupta, Aged About 45 Years
3. Smt. Shashikala W/o Vishnu Kumar Gupta, Aged About 40 Years
(all are r/o Village Basti Baradwar, District- Janjgir-Champa,
Chhattisgarh.)
---- Applicants
Versus
• State Of Chhattisgarh, Through District Magistrate Janjgir, District-
Janjgir-Champa, Chhattisgarh.
----Non-applicant
19/10/2022
Mr. Hemant Kesharwani, Advocate for the applicants.
Ms. Priyambada Singh, Dy. Govt. Advocate for the State.
Heard on I.A. No.01/2022, an application for suspension of
sentence and grant of bail.
This Criminal Revision is filed by the applicants against the
judgment dated 14.10.2022, passed in Criminal Appeal No.13/2020,
by learned Second Additional Sessions Judge, Sakti, District-
Janjgir-Champa, C.G., whereby the judgment passed by the
learned trial Court dated 01.02.2020, in Criminal Case
No.517/2015, has been affirmed, with a direction to run all the
sentences concurrently in the following manner:-
Conviction Sentence
U/s. 420/34 of Indian R.I. for 02 years and fine of Rs.1000/-
Penal Code. (for all the and in default of payment of fine,
applicants) additional R.I. for 03 months.
U/s.3/7 of Essential R.I. for 01 year and fine of Rs.500/-
Commodities Act read and in default of payment of fine,
with Section 34 of I.P.C. additional R.I. for 03 months.
(for all the applicants)
U/s. 409/34 of Indian R.I. for 03 years and fine of Rs.1000/-
Penal Code (for and in default of payment of fine,
applicants No.1 & 3) additional R.I. for 03 months.
U/s. 407/34 of Indian R.I. for 01 year and fine of Rs.500/-
Penal Code (for and in default of payment of fine,
applicant No.2) additional R.I. for 03 months.
It is submitted by the learned counsel for the applicants that
during the trial as well as during the pendency of the appeal, the
applicants were on bail and they have never misused the liberty
granted. The applicants have a good case on merits. He further
submits that the present applicants are in jail since 14.10.2022 and
this Criminal Revision is likely to take some time for its final decision
and thus prays for suspension of sentence and grant of bail.
Per contra, learned counsel for the State opposes the
application.
I have heard learned counsel for the parties and perused the
records.
From the records, it appears that the applicants were on bail
during trial as well as during the pendency of appeal. At present
they are in jail since 14.10.2022 and this Criminal Revision may
likely to take some time for its final decision, therefore, I am inclined
to allow this application for suspension of sentence and grant of
bail.
Accordingly, I.A. No.01/2022, an application for suspension
of sentence and grant of bail, is allowed.
It is directed that the jail sentence imposed upon the
applicants shall remain suspended during the pendency of this
criminal revision and they shall be released on bail on their
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 their
appearance before the Registry of this Court on 19 th of December,
2022. They 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
