Kamlesh Vishwakarma vs State Of Chhattisgarh
2023 Latest Caselaw 355 Chatt

                                                                                 NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRR No. 70 of 2023

 • Kamlesh Vishwakarma, S/o Shri Veer Bahadur Vishwakarma, Aged About 28
   Years, R/o Majhreti Kala Near Sharda Mandir, Police Station- Sidhi, District- Sidhi
   (M.P.)

                                                                          ---- Applicant

                                      Versus

 • State of Chhattisgarh Through S. H. O. Police Station - New Rajendra Nagar,
   Raipur District- Raipur Chhattisgarh.

                                                                        ---- Respondent

17/01/2023 Shri Vaibav A. Goverdhan, Counsel for the Applicant.

Shri Anil Tripathi, P.L. for the State/respondent.

Heard.

Admit.

Heard on I.A. No. 01/2023 which is an application for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated 04.01.2023 passed by the learned 11th Additional Sessions Judge, Raipur, District- Raipur (C.G.) in Criminal Appeal No. 188/2022, the applicant has been convicted and sentenced as under:-

                         Conviction                              Sentence

                        U/s 279 of IPC               R.I. for 3 months and to pay fine
                                                     amount of Rs. 100/-, in default of
                                                      payment of fine amount, further
                                                               R.I. for 15 days



                       U/s 304-A of IPC               R.I. for 1 year and to pay fine
                                                    amount of Rs. 1000/-, in default of
                                                   payment of fine amount, further
                                                        R.I. for 1 month

Learned counsel for the applicant submits that the applicant has paid the fine amount and he is in jail since 04.01.2023 and the revision is likely to take some time for its disposal. Therefore, he may be released on bail.

On the other hand, learned counsel for the State opposes the prayer for suspension of sentence and grant of bail.

Having heard counsel for the parties and considering entire facts and circumstances of this case in particular that the applicant has deposited the fine amount before the trial Court, this Court is inclined to allow the application in so far as sentence part is concerned.

Accordingly, application (I.A. No. 01/2023) is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court for his appearance before it on 21.02.2023 and on all other subsequent dates as may be given to him by the trial Court, interval being not less than 6 months, during the pendency of this revision.

Call for the record.

List this case for final hearing.

Sd/-

(Rajani Dubey) Judge

Ruchi