Chattisgarh High Court
Visheshar Sahu vs State Of Chhattisgarh on 21 February, 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 179 of 2023
• Visheshar Sahu S/o Roopsingh Sahu Aged About 36 Years R/o Village Devarghata, Police
Station Dabhra, District Janjgir Champa Chhattisgarh
---- Petitioner
Versus
• State Of Chhattisgarh Through District Magistrate Janjgir, District Janjgir Champa
Chhattisgarh
---- Respondent
21/2/2023 Mr. Priyank Rathi, Counsel for the applicant.
Mr. Sudhir Sahu, Panel Lawyer for the State.
Heard.
Admit.
Call for the record of the Courts below.
Also heard on IA No.1, an application for suspension of sentence and
grant of bail to the applicant.
The applicant has been convicted under Section 420 of IPC and
sentenced to undergo RI for one year and pay fine of Rs.500/-, in default
of payment of fine, to undergo 15 days additional imprisonment, under
Section 467 of IPC and sentenced to undergo RI for one year and pay
fine of Rs.500/- , in default of payment of fine to undergo additional
imprisonment for 15 days and under Section 468 of IPC and sentenced
to undergo RI for one year and pay fine of Rs.500/-, in default of
payment of fine to undergo additional imprisonment for 15 days, vide
judgment dated 10.2.2023 passed in Criminal Appeal No.3/2019 by the
Second Additional Sessions Judge, Sakti, District Janjgir-Champa (CG).
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the crime in question. He submits that the
applicant has a good case and he hopes to succeed in it and further, the
final conclusion of the revision is likely to take some more time. He also
submits that co-accused Ramcharan Sahu and Jaykumar Sahu have been
released on bail by a Coordinate Bench of this Court. Thus, learned
counsel prays for suspending the jail sentence imposed on the applicant
and release him on bail.
On the other hand, learned counsel for the State would oppose the
application.
Having heard learned counsel for the parties and also considering that
short period of jail sentence has been awarded to the applicant and that
co-accused Ramcharan Sahu and Jaykumar Sahu has been granted bail
by a Coordinate Bench of this Court, I am of the opinion that the present
is a fit case to suspend the jail sentence imposed upon the applicant and
release him on bail.
Accordingly, IA No.1 is allowed. Execution of sentence imposed on the
applicant shall remain suspended and he is directed to be released on
bail on his furnishing a personal bond for a sum of Rs.50,000/- with one
surety in the like sum to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 5th of April 2023. He
shall thereafter appear before the concerned trial Court on a date to
be given by the Registry of this Court and shall continue to appear
there on all such subsequent dates as are given to him by the said
Court till the disposal of this revision.
Certified copy today itself. Sd/-
( Deepak Kumar Tiwari)
Judge
Shyna
