Babulal Dhurvey vs State Of Chhattisgarh
2022 Latest Caselaw 5799 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                   CRR No. 945 of 2022

       Babulal Dhurvey S/o Bhairam Dhurvey Aged About 60 Years R/o - Village -
        Dashrangpur Khurud          P.S. Bodla, District : Kawardha (Kabirdham),
        Chhattisgarh.                                              ---- Applicant
                                          Versus
       State Of Chhattisgarh Through Station House Officer Chowki-Podi P.S.
        Bodla, District : Kawardha (Kabirdham), Chhattisgarh.
                                                                  ---- Non-Applicant



15.09.2022

Shri Krishna Tandon, counsel for the applicant.

Shri Lalit Jangde, Dy. G.A. for the State/non-applicant.

Learned counsel for the applicant submits that he will comply with the

objection raised by the Registry within a week.

Accordingly, I.A. No.1/2022, application for exemption for filing the

certified copy stands rejected.

Heard.

Admit.

Call for records of the Courts below.

Also heard on I. A. No.2/2022 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 09.09.2022 passed by the

Additional Sessions Judge, Kabirdham (CG) in Criminal Appeal No.24/2022

upholding the judgment dated 25.06.2022 passed by Judicial Magistrate

First Class, Kabirdham (CG) in Criminal Case No.1304/2017 convicting and

sentencing the applicant as under:-

Conviction Sentence Under Section 323 of IPC R.I. for 3 months with fine of Rs.

1,000/- and in default of payment of fine further SI for 2 days.

Learned counsel for the applicant submits that the applicant was on

bail during trial as well as during pendency of appeal, maximum sentence

imposed upon him is of 3 months RI and final conclusion of this revision is

likely to take some time, therefore, the applicant may be released on bail.

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

opposes the bail application (IA. No.2/2022).

Considering the submissions made by the learned counsel for the

parties, particularly considering the short sentence i.e. 3 months RI has

been imposed upon the applicant, the fact that the during trial and during

pendency of appeal he was on bail 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.2/2022) 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

05.12.2022 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 appeal.

List the case for final hearing.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim