Pankaj Yadav vs State Of Chhattisgarh
2023 Latest Caselaw 657 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                              CRR No. 62 of 2023
  Pankaj Yadav, S/o Late Gokul Yadav, Aged About 34 Years, R/o
   Village Dongiya (Portha), Police Station- Sakti, Judicial District Janjgir-
   Champa, Present Revenue District : Sakti, Chhattisgarh.
                                                                   ---- Applicant
                                   Versus
  State of Chhattisgarh, Through - The District Magistrate, Sakti, Present
   Revenue District : Sakti, Chhattisgarh.                  ---- Non-Applicant



01.02.2023

Shri Hari Agrawal, counsel for the applicant.

Shri Avinash K. Mishra, Government Advocate for the State.

Heard.

Admit.

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

31.12.2022 passed by First Additional Sessions Judge, Sakti,

District - Janjgir-Champa, Chhattisgarh in Criminal Appeal

No.39/2022, upholding the judgment dated 16.11.2022 passed by

Judicial Magistrate First Class, Sakti, District- Janjgir-Champa, in

Criminal Case No.525/2020 convicting and sentencing the applicant

as under:-

Conviction Sentence Under Sections 120-B, 409/34, Simple Imprisonment for 3-3 420/34, 467/34, 468/34 & years with fine of Rs. 500- 471/34 of Indian Penal Code 500/- and in default of payment of fine, 1- 1 month additional S. I.

All the sentence to run concurrently.

Learned counsel for the applicant would submit that maximum

sentence inflicted upon the applicant is three years, whereas, he is

in jail since 23.08.2020 and thus only 7 months are left for

completion of entire sentence, imposed by the Courts below.

Therefore, counsel for the applicant would pray for suspension of

sentence and grant of bail to the applicant.

On the other hand, learned counsel for the

Non-applicant/State opposes the bail application (IA. No.1/2022).

Considering the fact that maximum sentence inflicted upon the

applicant is three years, and he has already served 2 years and 5

months jail sentence, 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 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.25,000/- with one

surety in the like sum to the satisfaction of the concerned trial Court.

The applicant shall appear before the concerned trial Court on

28.03.2023 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.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim