Citation : 2025 Latest Caselaw 2713 Chatt
Judgement Date : 28 March, 2025
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 408 of 2025
Ravishankar Kurre S/o Milauram Kurre Aged About 31 Years Resident- Gram Gangori,
Thana Sarsiwa District Baloda Bazar C.G. Hallmukam- Gram Dumarpali, Station
Bhatgaon, District Baloda Bazar (C.G.).
... Applicant
versus
State Of Chhattisgarh Through- District Magistrate, Janjgir-Champa (C.G.).
---- Respondent
28.03.2025 Ms. Neelam Sawargaonkar & Mr. Shiva Nand Shende, counsel
for the applicant.
Ms. Prabha Sharma, PL for the State/Respondent.
Heard on admission as well as I.A. No. 01/2025 application
under Section 324 of BNSS for grant of bail.
Admit.
By the impugned judgment dated 11.03.2025 passed in Criminal
Appeal No.32/2024 by the 4th Additional Sessions Judge, Janjgir,
District Janjgir-Champa (C.G.), the applicant stands convicted and
sentenced as mentioned below :
Conviction Sentence
Under Section 279 of IPC Fine amount of Rs.1,000/-, in
default of payment of fine, SI for
one month
Under Section 304-A of IPC RI for 01 year and fine amount of
Rs.2,000/-, in default of payment
of fine, SI for 02 months
Under Section 146/196 of the Fine amount of Rs.1,000/-, in Motor Vehicels Act default of payment of fine, SI for one month
Learned counsel appearing for the applicant contended that the
appellicant has been wrongly convicted by the trial Court and affirmed
by the revisional Court in the judgment without there being any
sufficient evidence available on record. He further contended that the
sentence which has been awarded to the applicant is of only one year
and the applicant was on bail during trial has deposited the fine amount
and this revision is likely to take some more time to be finalized. Hence,
it is prayed that I.A. No.01/2025 may be allowed.
On the other hand, learned counsel for the State opposes the
application for suspension of sentence and grant of bail.
I have heard learned counsel for the parties and order passed by
the learned Courts below and other material available on record with
utmost circumspeciton.
Considering the totality of the facts, particular the short sentence
awarded to the applicant and the instant case is likely to take more time
to be finalized, without further commenting on other merits of the case,
I am of this opinion that it will be proper to release the appicant on bail
during the pendency of this case.
Substantive jail sentences imposed upon the applicant shall
remain suspended during the pendency of this case and he shall be
released on bail on executing a personal bond for a sum of Rs.10,000/-
with one surety for the like sum to the satisfaction of the concerned trial
Court for his appearance before the Registry of this Court on
05.05.2025. He shall thereafter appear before the trial Court on a date to
be given by the Registry of this Court and shall continue to appear there
on all such subsequent dates as are given to him by the said Court, till
the disposal of this case.
List this case for final hearing in its due course.
Sd/-
(Arvind Kumar Verma)
Vasant Judge
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