Sanjay Kumar Suryavanshi vs State Of Chhattisgarh
2022 Latest Caselaw 5907 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                        CRR No. 962 of 2022


       Sanjay Kumar Suryavanshi, S/o Shri Laxmi Prasad Suryavanshi, Aged About
         22 Years, R/o Seveidiah (Mehnda) P. S. Pamgarh, District : Janjgir-Champa,
         Chhattisgarh.                                               ---- Applicant
                                             Versus
       State of Chhattisgarh, Through- District Magistrate, Janjgir, District : Janjgir-
         Champa, Chhattisgarh.                                    --- Non-applicant



21.09.2022

Shri Ashutosh Trivedi, counsel for the applicant.

Shri Lalit Jangde, 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 09.09.2022 passed by

Sessions Judge, Janjgir, District- Janjgir-Champa (C.G.) in Criminal Appeal

No.47/2021 upholding the judgment dated 26.08.2021 passed by Judicial

Magistrate First Class, Janjgir, District- Janjgir-Champa (C.G.) in Criminal

Case No. 146/2016 convicting and sentencing the applicant as under:-

             Conviction                            Sentence
 U/s. 304-A of IPC                      RI for 6 months and fine of Rs.
                                       1,000/-, in default of payment of
                                       additional SI for 1 month.

Learned counsel for the applicant submits that fine amount imposed

upon the applicant has already been deposited, he is in jail since 09.09.2022,

he was on bail during trial as well as during pendency of appeal 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 six months R.I. has been imposed upon the applicant, fine

amount imposed upon him has already been paid, he was on bail during

trial and during pendency of appeal, he is in jail since 09.09.2022 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.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

13.12.2022 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 the case for final hearing.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim