Navin Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 5736 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                       Criminal Revision No.933 of 2022
  •   Navin Yadav S/o Vijay Kumar Yadav Aged About 27 Years R/o Village
      Purani Basti Janjgir Thana Janjgir, District : Janjgir-Champa,
      Chhattisgarh
                                                                     ---- Applicant

                                      Versus

  •   State Of Chhattisgarh Through District Magistrate, District : Janjgir-
      Champa, Chhattisgarh
                                                                 ----Non-applicant



13/09/2022

Mr. Sanjay Yadav, Advocate for the applicant.

Mr. Sudhir Gupta, Panel Lawyer for the State.

Heard.

Also 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 08.09.2022, passed in Criminal Appeal Case No.04/2022, by learned Sessions Judge, Janjgir, District- Janjgir- Champa, C.G., whereby the judgment passed by the learned trial Court dated 31.12.2021, in Criminal Case No.171/2015, has been affirmed, with a direction to run both the sentences concurrently in the following manner:-

                      Conviction                       Sentence

              U/s.     304-A   of   Indian R.I. for 06 months.
              Penal Code.

U/s 279 of Indian Penal Fine of Rs.1000/- was imposed and in Code. default of payment of fine, further S.I.

for 15 days.

It is submitted by the learned counsel for the applicant that during the trial as well as during the pendency of the appeal, the applicant was on bail. He has been sentenced to undergo R.I. for 06 months only. Criminal Revision would likely to take time for its final disposal and he prays for suspension of sentence and grant of bail the applicant. Therefore, he prays for suspension of sentence and grant of bail to the applicant.

Per contra, learned counsel for the State opposes the application.

I have heard learned counsel for the parties and perused the records.

Considering the short sentence, the applicant was on bail during trial and also during the pendency of appeal and the final disposal of this case is likely to take some time. Therefore, I am inclined to allow this application.

Accordingly, heard on 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 applicant shall remain suspended during the pendency of this criminal revision and he shall be released on bail on his 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 his appearance before the Registry of this Court on 28 th of November, 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 them by the said Court, till disposal of this criminal revision.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge

Monika