Wahab Ali vs State Of Chhattisgarh
2025 Latest Caselaw 3450 Chatt

Chattisgarh High Court

Wahab Ali vs State Of Chhattisgarh on 2 April, 2025

                                      1




              HIGH COURT OF CHHATTISGARH AT BILASPUR

                            CRR No. 345 of 2025

1 - Wahab Ali S/o Chand Ali Aged About 45 Years R/o Raja Talab, New
Basti, Near Baba Kirana Shop, P.S. Civil Line, Raipur, Tahsil And District
Raipur, Chhattisgarh.
                                                             ... Applicant
                               Versus
1 - State of Chhattisgarh Through District Magistrate Raipur, District
Raipur, Chhattisgarh.
                                                       ... Respondent(s)

Order Sheet

02/04/2025 Shri CR. Sahu, Advocate for the Applicant.

Ms. Vaishali Mahilong, Panel Lawyer for the State. Records of both the courts below have already been received.

The revision is admitted for hearing.

Also heard on IA No.01/2025 which is an application for suspension of sentence and grant of bail.

The applicant stands convicted under Sections 420, 467, 468 and 471 IPC and sentenced to undergo R.I. for 3 years and fine of Rs.1000/-, RI for 3 years and fine of Rs.1000/-, RI for 3 years and fine of Rs.1000/- and RI for 2 years and fine of Rs.100/- respectively with default stipulations, as ordered on 03.03.2025 by the IInd Additional Sessions Judge, Raipur in Criminal Appeal No.559/2019.

Learned counsel appearing for the applicant submits that

the maximum sentence awarded to the applicant is of three years, out of which he has already remained in jail for about eight months. The applicant was on bail during trial and from the date of judgment he is in jail. He has not misused the liberty granted to him during bail. Final adjudication of the case will take its own time, therefore the applicant may be enlarged on bail.

The State counsel opposes the bail application. Considering the submissions made by the counsel for the parties; considering the total period of sentence awarded out of which he has already remained in jail for about eight months, he was on bail during trial and also considering the fact that final adjudication of the case will take its own time, this Court is of the opinion that it is a fit case in which substantive jail sentence imposed on the applicant can be suspended and he can be enlarged on bail.

Accordingly, I.A. No. 1 of 2025 is allowed. It is directed that substantive jail sentence imposed on the accused/applicant shall remain suspended during pendency of this criminal revision and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the Registry of this Court on 08.05.2025 and thereafter before the concerned trial court on each and every date given by the said Court till final disposal of this revision.

List it for final hearing in due course.

Certified copy as per rules.

Sd/-

(Ravindra Kumar Agrawal) Judge Inder