Ravi Kumar vs State Of Chhattisgarh
2023 Latest Caselaw 1123 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                             CRA No. 1215 of 2022

  Ravi Kumar S/o Mahendra Prasad Noniya, Aged About 27 Years R/o Chandmari
  Road, Gali No. 2, Lohiya Nagar, Police Station-Kankadbaga, District Patna (Bihar)

                                                                         ---- Appellant

                                     Versus

  State Of Chhattisgarh Through The Station House Officer, Police Station Janjgir,
  District Janjgir Champa Chhattisgarh.

                                                                     ---- Respondent

22.02.2023 Mr. Umakant Singh Chandel, counsel for the appellant.

Mr. Himanshu Sharma, Panel Lawyer for the State.

Mr. Vikas Pandey, counsel for complainant.

The present appellant stands convicted for the offence

punishable under Section 506 of the IPC with sentence of 23 days

of simple imprisonment with fine of Rs. 500/-. The imprisonment

part has already been undergone by the present appellant.

The appeal is admitted for hearing.

Heard on I.A. No.1, which is an application for stay of the

effect and operation of the judgment of conviction.

The contention of the counsel for the appellant is that the

appellant is a Government employee and is working as a Station

Master at South Western Railway under Hubballi Division. Unless

the conviction part is stayed, the judgment of conviction may have an adverse consequence so far as employment part is concerned.

Thus, he prayed for staying of the effect and operation of the

judgment of conviction.

State counsel opposes the bail application and submits that

it is a case where appellant is already facing a criminal case for the

offence under Section 376 of the IPC lodged at the behest of the

complainant for the same case and that it is subsequent threat

which has been given by the present appellant on which fresh case

was registered and for which he has been convicted and therefore

the present appellant does not deserve interim protection as is

prayed for under I.A. No.1.

Taking into consideration the entire facts and circumstances

of the case, particularly keeping in mind the fact that appellant is a

Government Employee under the Ministry of Railways posted at

Hubballi Division under South Western Railways, therefore, a strong

case for grant of interim relief has been made out.

Accordingly, I.A. No.1 stands allowed.

There shall be stay of the effect and operation of the

judgment of conviction till further order of this Court.

List this case for final hearing in due course.

Sd/-

(P. Sam Koshy) JUDGE Rohit