Smt. Parvati Gond @ Parvati vs State Of Chhattisgarh
2022 Latest Caselaw 5905 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                        CRR No. 964 of 2022
       Smt. Parvati Gond @ Parvati, W/o Ballu Beldar, Aged About 35 Years, R/o
         Moti Sagarpara, Shitla Mandir Chowk, Police Station Kotwali Korba, District :
         Korba, Chhattisgarh.                                        ---- Applicant
                                                   Versus
       State of Chhattisgarh, Through- Police Station- Kusmunda, District : Korba,
         Chhattisgarh.                                            ---- Non-Applicant



21.09.2022

Mr. F.S. Khare, 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 15.09.2022 passed by

Second Additional Sessions Judge, Katghora, District- Korba (C.G.) in

Criminal Appeal No.49/2017 upholding the judgment dated 30.10.2017

passed by Judicial Magistrate First Class, Katghora, District- Korba (C.G.) in

Criminal Case No.142/2017 convicting and sentencing the applicant as

under:-

Conviction Sentence U/s. 420 of IPC SI for 2 years and fine of Rs. 200/- in default of payment of fine amount to undergo additional SI for 1 month.

Learned counsel for the applicant submits that the maximum sentence

awarded to the applicant is 2 years SI, she was in jail during trial and her

sentence was suspended by the lower Appellate Court. She has already

served 9 months and 14 days jail sentence and she in jail since 15.09.2022.

Final disposal 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 2 years SI has been imposed upon the applicant, she has

already served 9.14 months jail sentence, at present she is in jail since

15.09.2022, during pendency of appeal she was on bail and final disposal

of this revision is likely to take some time, therefore, I am inclined to allow

the application (I.A. No.1/2022), accordingly, the the same 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 she shall be released on bail on her 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

15.12.2022 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 her by the said Court till disposal of

this criminal revision.

List the case for final hearing in its due course.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim