Manoj Sinha vs State Of Chhattisgarh
2022 Latest Caselaw 5896 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                         CRR No. 963 of 2022
      1.

Manoj Sinha, S/o Late Ajay Sinha, Aged About 29 Years, R/o Banspara Ward, Dhamtari, Tahsil and District : Dhamtari, Chhattisgarh.

2. Tikeshwar Sinha @ Tikku, S/o Mohan Sinha, Aged About 22 Years, R/o Near Nachan Pond, Banspara, Dhamtari, Tahsil and District : Dhamtari, Chhattisgarh. ---- Applicants Versus  State of Chhattisgarh, Through- The Station House Officer, Police Station Dhamtari, District : Dhamtari, Chhattisgarh. ---- Non-applicant

20.09.2022 Mr. D.N. Prajapati, counsel for the applicants.

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 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 13.09.2022 passed by the

Additional Sessions Judge, Dhamtari, District- Dhamtari (C.G.) in Criminal

Appeal No.28/2017 upholding the judgment dated 21.02.2017 passed by

Judicial Magistrate First Class, Dhamtari, in Criminal Case No. 263/2015

convicting and sentencing the applicants as under:-

Conviction Sentence Under Section 186 of IPC Till rising out of Court and fine of Rs.

100/-, in default of payment of fine 15 days SI (to both the applicants) U/s. 332 of IPC R.I. for 6 months and fine of Rs.

100/-, in default of payment of fine 15 days SI (to both the appellants).

U/s. 353 of IPC R.I. for 6 months and fine of Rs.

100/-, in default of payment of fine 15 days SI (to both the appellants).

Learned counsel for the applicants submits that the applicants were on

bail during trial as well as during pendency of appeal and they have not

misused the liberty granted to them. They are in jail since 13.09.2022. The

maximum sentence awarded to the applicants are six months RI and

conclusion of this revision is likely to take some time, therefore, the applicants

be released on bail.

On the other hand, learned counsel for the Non-applicant/State opposes the bail application (IA. No.1).

Considering the facts & circumstances of the case, the short

sentence of six months R.I. has been imposed upon the applicants, they

were on bail during trial as well during pendency of appeal, they never

misused the liberty granted to them, they are in jail since 13.09.2022, 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) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon the applicants shall remain suspended during the pendency of this

revision and they shall be released on bail on their furnishing a personal

bond in the sum of Rs.50,000/- each with one surety each in the like sum to

the satisfaction of the trial Court.

The applicants shall appear before the Registry of this Court on

12.12.2022 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 them by the said Court till disposal of

this revision.

List the case for final hearing in its due course.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim