Abc vs State Of Chhattisgarh
2022 Latest Caselaw 6040 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                        CRR No. 977 of 2022
        ABC Nill
                                                                              ---- Applicant
                                            Versus
        State of Chhattisgarh, Through: Police Station Dipka, District : Korba,
         Chhattisgarh.                                                 ---- Non-Applicant



27.09.2022

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 16.09.2022 passed by

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

Criminal Appeal No.60/2019 upholding the judgment dated 15.05.2019

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

Criminal Case No.499/2013 convicting and sentencing the applicant as

under:-

                       Conviction                                Sentence
             U/s. 354 of IPC                         R.I. for 2 years and fine of Rs. 500/-
 U/s. 452 of IPC                        R.I. for 1 year and fine of Rs. 500/-
U/s. 294 of IPC                        S.I. for 2 months.

                                       In    default    of   fine,  further
                                       imprisonment for 2-2 months for
                                       each offence. All the sentences will
                                       run concurrently.

Learned counsel for the applicant submits that the applicant was on

bail during trial as well as during pendency of appeal, he never misused the

liberty granted by the Courts below, at present he is in jail since 16.09.2022

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 2 years RI has been inflicted upon the applicant, he was on

bail during trial as well as during pendency of appeal, he never misused the

liberty granted by the Courts below, at present he is in jail since 16.09.2022

and final conclusion 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

19.12.2022 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 its due course.

Sd/-

(Rakesh Mohan Pandey) Judge Nadim