Dani Prasad Sharma vs State Of Chhattisgarh
2025 Latest Caselaw 794 Chatt

Chattisgarh High Court

Dani Prasad Sharma vs State Of Chhattisgarh on 28 July, 2025

Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR signed by SOURABH SOURABH PATEL PATEL Date:

2025.07.29 10:45:26 +0530 CRR No. 926 of 2018

DANI PRASAD SHARMA versus STATE OF CHHATTISGARH

Order Sheet

28/07/2025 Mr. Vivek Kumar Tripathi, Advocate for the Applicant.

Mr. Vivek Sharma, P.L. for the State. The Judicial Magistrate First Class Link Court, Korba, District-korba (C.G.), vide judgment dated 14.09.2017, in Criminal Case No. 759/2013, convicted and sentenced the applicant as under:-

Conviction Sentence Offence under Section R.I. for 01 year 06 months 326 of IPC. and fine of Rs.300/-, in default of payment of fine amount imprisonment for 10 days.

Offence under Section R.I. for 03 months and 294 of IPC fine of Rs.300/- in default of payment of fine amount, imprisonment for 10 days.

Offence under Section      R.I. for 06 months and
506 of IPC                fine of Rs.300/-, in default
                          of     payment      of     fine

amount, imprisonment for 10 days.

The applicant preferred an appeal, i.e., Criminal Appeal No. 50/2017, whereby the Special Judge judge (SC/ST Act), Korba District-Korba (C.G.), vide order dated 01.05.2018 partially allowed the appeal and reduced the sentence in the aforesaid sections.

The applicant failed to appear before the appellate Court on the date of judgment. He was imprisoned by the JMFC, which was modified by the Appellate Court. It has not been stated that whether he surrendered before the trial Court. The application for suspension of sentence and grant of bail is still pending for hearing.

The High Court of Chhattisgarh Rules, 2007 states as under:-

113. Revisions arising out of conviction and sentence of imprisonment shall be posted for admission only after the applicant has surrendered.

In accordance with the aforesaid provision, the instant revision filed by the applicant/accused cannot be proceeded with until he surrenders.

Accordingly, the applicant/accused is directed to surrender before the trial Court within 15 days and intimation of the surrender shall be given to this Court.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

List this matter in the week commencing 18 th August, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge Sourabh P.