Surendra Singh vs State Of Chhattisgarh
2022 Latest Caselaw 5866 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet

                                     CRR No. 947 of 2022


    Surendra Singh, S/o Chhotelal, Aged About 28 Years, R/o Village Ghardhara,
      Police Station Janakpur, District- Korea, Chhattisgarh.        ---- Applicant
                                              Versus
    State of Chhattisgarh, Through - Station House Officer, Police Station
      Baikunthpur, District- Korea, Chhattisgarh.               ---- Non-Applicant




19.09.2022

Mr. Hemant Kumar Agrawal, counsel for the applicant.

Ms. Priyamvada Singh, Dy. G.A. 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 30.07.2022 passed by

Second Additional Sessions Judge, Manendragarh, District- Korea (C.G.) in

Criminal Appeal No.94/2019 upholding the judgment dated 26.09.2019

passed by Judicial Magistrate First Class, Manendragarh, District- Korea

(C.G.) in Criminal Case No. 155/2019 convicting and sentencing the applicant as under:-

Conviction Sentence Under Section 456 and 354 of R. I. for 1-1 year & fine of Rs. 500-

Indian Penal Code 500/- respectively.

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 1 year 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.1/2022).

Considering the facts & circumstances of the case, the short

sentence of 1 year R.I. has been imposed upon the applicant, the fact the

the applicant was on bail during trial as well as during pendency of appeal

and he has not misused the liberty granted to him; final disposal of this

revision is likely to take some time, 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

08/12/2022 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 this case for final hearing in its due course.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim