Chattisgarh High Court
Ramcharan Sahu vs State Of Chhattisgarh on 16 February, 2023
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 167 of 2023
1.
Ramcharan Sahu, S/o Rup Singh, Aged About 46 Years,
2. Jaykumar Sahu, S/o Ramcharan Sahu, Aged About 25 Years,
Both are R/o Village Devarghata, Police Station Dabhra, District :
Janjgir-Champa, Chhattisgarh. ---- Applicants
Versus
State of Chhattisgarh,Through The District Magistrate, Janjgir, District :
Janjgir-Champa, Chhattisgarh. ---- Non-Applicant
16.02.2023 Shri Harishankar Patel, counsel for the applicants.
Shri Lalit Jangde, Dy. G. A. for the State.
Heard.
Admit.
Call for record of the Courts below.
Also heard on I. A. No.1 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 the Cr.P.C. against the judgment dated
10.02.2023 passed by Second Additional Sessions Judge, Sakti,
District - Janjgir-Champa, Chhattisgarh, in Criminal Appeal
No.03/2019, upholding the judgment dated 27.12.2018 passed by
the Judicial Magistrate First Class, Dabhra, in Criminal Case
No48/2010 convicting and sentencing the applicants as under:-
Conviction Sentence
Under Section 420 of Indian R.I. for 1 year and fine of Rs.
500/-, in default of payment
Penal Code
of fine amount, to undergo
further imprisonment for 15
days.
Under Section 467 of Indian R.I. for 1 year and fine of Rs.
500/-, in default of payment
Penal Code
of fine amount, to undergo
further imprisonment for 15
days.
Under Section 468 of Indian R.I. for 1 year and fine of Rs.
500/-, in default of payment
Penal Code
of fine amount, to undergo
further imprisonment for 15
days.
All the sentence to run
concurrently.
Learned counsel for the applicants would submit that maximum
sentence inflicted upon the applicants is of 1 year R.I.; applicant
No.1 has already served more than 8 months of jail sentence,
whereas, applicant No.2 has served about 7 days of jail sentence.
He would submit that he has good case on merits and he hopes to
succeed in it; final conclusion of this criminal revision is likely to take
some time and thus, he would pray for suspension of sentence and
grant of bail to the applicants.
On the other hand, learned counsel for the Non-applicant/State
opposes the bail application (IA. No.1).
Considering the fact that short sentence has been inflicted
upon the applicants i.e. 1 year R.I. and further considering the
period of detention of the applicants, I am inclined to allow the
application (I.A. No.1).
Accordingly, application (I.A. No.1) is allowed.
It is directed that the execution of substantive jail sentence
imposed upon the applicants shall remain suspended during the
pendency of this revision 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 concerned trial
Court.
The applicants shall appear before the Registry of this Court on
04.05.2023 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 this revision.
List the case for final hearing.
Sd/-
(Rakesh Mohan Pandey)
Judge
Nadim
