Uma Shankar Soni vs State Of Chhattisgarh
2022 Latest Caselaw 6143 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                            CRR No. 1019 of 2022
1.

Uma Shankar Soni S/o Jagan Das Soni Aged About 41 Years R/o Purani Basti, Pendra, Police Station And Tahsil Pendra, District Gaurela-Pendra- Marwahi (C.G.)

2. Mohan Sindhi S/o Kainhaiya Lal Sindhi Aged About 42 Years R/o Purani Basti, Pendra, Police Station And Tahsil Pendra, District Gaurela-Pendra-

  Marwahi (C.G.).                                            ---- Applicants
                                Versus

 State of Chhattisgarh, Through - Police Station Pendra, District : Gaurela- Pendra-Marwahi, Chhattisgarh. ---- Non-Applicant with CRR No. 1020 of 2022

1. Harsh Chhabariya, S/o Chetan Das Sindhi, Aged About 44 Years, R/o Vidya Nagar, Pendra Police Station and Tahsil Pendra, District- Gaurela- Pendra- Marwahi, Chhattisgarh.

2. Chetan Das, S/o Totalmal, Aged About 64 Years, R/o Vidya Nagar, Pendra Police Station and Tahsil Pendra, District- Gaurela- Pendra- Marwahi, Chhattisgarh. ---- Applicants Versus  State of Chhattisgarh, Through- Police Station Pendra, District- Gaurela- Pendra- Marwahi Chhattisgarh. ---- Non-Applicant with CRR No. 1021 of 2022  Pooran Chhabariya S/o Totamal Chhabariya Aged About 61 Years R/o Vidya Nagar, Pendra, Police Station And Tahsil Pendra, District Gaurela - Pendra - Marwahi, Chhattisgarh. ---- Applicant Versus  State of Chhattisgarh, Through - Police Station Pendra, District Gaurela - Pendra - Marwahi, Chhattisgarh. ---- Non-Applicant with CRR No. 1022 of 2022  Prashant Shrivas, S/o Dhaniram Shrivas Aged About 45 Years R/o Purani Basti, Pendra, Police Station And Tahsil Pendra, District Gaurela-Pendra- Mrawahi, District : Gaurela-Pendra-Marwahi, Chhattisgarh. ---- Applicant Versus  State of Chhattisgarh, Through- Police Station Pendra, District : Gaurela- Pendra-Marwahi, Chhattisgarh. ---- Non-Applicant

30.09.2022 Shri Kishore Bhaduri, learned Senior counsel with Shri Ashok Soni, counsel for the applicants.

Shri Sudhir Sahu, P.L. for the State/non-applicant.

Heard.

Admit.

Call for records of the Courts below.

Also heard on I. A. No.1/2022 applications for suspension of sentence and grant of bail to the applicants.

These criminal revisions have been filed under Section 397 read with

Section 401 of CrPC against the common judgment dated 28.09.2022

passed by Additional Sessions Judge, Pendraroad, District- Bilaspur (now

Gourela-Pendra-Marwahi) in Criminal Appeal Nos. 07, 08, 09, 10/2021, partly

allowing appeals filed by the applicants against judgment dated 03.04.2021

passed by the trial Court i.e. the Court of Judicial Magistrate First Class,

Pendraroad, District- Gourela Pendra Marwahi (C.G.) in Criminal Case

No.25/2013.

The appellate Court has convicted and sentenced the applicants as

under:-

Conviction Sentence U/s. 147 of IPC RI for 6-6 months and fine of Rs.

1,000- 1,000/- in default of payment of fine amount further month RI.

U/s. 153 of IPC RI for 3-3 months and fine of Rs.

1,000-1,000/- in default of payment of fine amount further month RI.

U/s. 353 of IPC RI for 6-6 months and fine of Rs.

1,000-1,000/- in default of payment of fine amount further month RI.

U/s. 332 of IPC RI for 1-1 year and fine of Rs. 2,000-

2,000/- in default of payment of fine amount further month RI.

Learned counsel for the applicants submits that the maximum sentence

awarded to the applicants is 1 year RI for offence punishable under Section

332 of IPC, they were on bail during trial as well as during pendency of

appeals, they never misused the liberty granted to them by the Courts below

and final disposal of these revisions are likely to take some time, therefore,

the applicants may be released on bail.

On the other hand, learned counsel for the Non-applicant/State opposes the bail applications (IA. No.1/2022).

Considering the facts & circumstances of the case, the short

sentence of 1 year RI has been inflicted upon the applicants for the offence

punishable under Section 332 of IPC, they were on bail during trial as well

during pendency of appeals, they never misused the liberty granted by the

Courts below and final disposal of these revisions are likely to take some

time, without commenting anything on merits of the case, the applications (I.A. No.1/2022) are allowed.

It is directed that the execution of substantive jail sentence imposed

upon the applicants shall remain suspended during the pendency of these

criminal revisions 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

20.12.2022 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 these criminal revisions.

List these cases for final hearing.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim