Ganesh Shankar Tiwari vs State Of Chhattisgarh
2023 Latest Caselaw 408 Chatt

                                                                                    NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRR No. 1225 of 2022

  • Ganesh Shankar Tiwari, S/o Gaivi Prasad Tiwari, Aged About 46 Years, R/o
    Village - Madan Road Pali, Police Station - Pali, District - Korba Chhattisgarh.

                                                                             ---- Applicant

                                        Versus

  • State of Chhattisgarh Through - District Magistrate, Korba, District - Korba
    Chhattisgarh.

                                                                       ---- Respondent

19/01/2023 Shri Dharmesh Shrivastava, Counsel for the Applicant.

Shri Avinash K. Mishra, G.A. for the State/respondent.

Heard.

Admit.

Heard on I.A. No. 01/2022 which is an application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment of conviction and order of sentence dated 29.11.2022 passed by the learned First Additional Sessions Judge, Katghora, District- Korba (C.G.) in Criminal Appeal No. 26/2020, the applicant has been convicted and sentenced as under:-

                        Conviction                            Sentence

                     U/s 354-D 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 2 months

U/s 506 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 2 months Learned counsel for the applicant submits that the applicant has paid the fine amount and he has already remained in jail for about two months 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 the totality of the facts and circumstances of this case and in particular considering the fact 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. 01/2022) 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 22.02.2023 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