Kamendra Puri vs State Of Chhattisgarh
2022 Latest Caselaw 5985 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                        CRR No. 968 of 2022
       Kamendra Puri, S/o Lakheshwar Puri, Aged About 30 Years, R/o Adarsh
         Nagar, Police Station Kusmunda, Tehsil Katghora, District : Korba,
         Chhattisgarh.                                      --- Applicant
                                              Versus
       State of Chhattisgarh, Through- District Magistrate Korba, District : Korba,
         Chhattisgarh.                                                ---- Non-applicant



23.09.2022

Shri Ashutosh Shukla, 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 14.09.2022 passed by

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

Criminal Appeal No. 23/2018 upholding the judgment dated 31.01.2018

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

Criminal Case No.1625/2016 convicting and sentencing the applicant as

under:-

             Conviction                            Sentence
 U/s. 147 of IPC                        SI for 1 year and fine of Rs. 500/-
                                       and in default of payment of fine
                                       further RI for 1 month.
U/s. 332/149 of IPC                    SI for 2 year and fine of Rs. 500/-
                                       and in default of payment of fine
                                       further RI for 1 month.
U/s. 224 of IPC                        SI for 1 year and fine of Rs. 500/-
                                       and in default of payment of fine
                                       further RI for 1 month.

Learned counsel for the applicant submits that the maximum sentence

awarded to the applicant is 2 years S.I. He was on bail during trial as well as

during dendency of appeal, he never misused the liberty granted to him; final

disposal of this revision is likely to take some time, therefore, his application

(I.A. No.1/2022) for suspension of sentence and grant of bail may be allowed.

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 for the offence U/s.332/149 of IPC has been

imposed upon the applicant, he has already paid the fine amount; he was

on bail during trial as well as during pendency of appeal; he is in jail since

14.09.2022 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

16.12.2022 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 in due course.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim