Citation : 2025 Latest Caselaw 137 Chatt
Judgement Date : 6 May, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 566 of 2025
1 - Krishna Sahu S/o Late Kejau Sahu Aged About 60 Years R/o Village - Jevra,
Thana/ Distt - Bemetara Chhattisgarh
2 - Ramkumar Sahu S/o Krishna Sahu Aged About 35 Years R/o Village - Jevra,
Thana/ Distt - Bemetara Chhattisgarh
... Applicant(s)
versus
1 - State of Chhattisgarh Through District Magistrate Bemetara, Distt - Bemetara
Chhattisgarh
... Respondent(s)
Order Sheet
06/05/2025 Mr. Samir Singh, learned counsel for the applicant.
Ms. Sunita Manikpuri, learned Dy. Govt. Advocate,
appearing for the respondent/State.
The revision is admitted for hearing.
Call for the record of the trial Court as well as appellate
Court.
Also heard on I.A. No. 01/2025, which is an application for
suspension of sentence and grant of bail.
This criminal revision has been filed being aggrieved by
the judgment dated 28.04.2025 passed by the learned 2nd
Additional Sessions Judge, District Bemetara (C.G) in Criminal
Appeal No. 99/2024 arising out of the judgment dated 13.12.2024
passed by learned Judicial Magistrate First Class, Bemetara
(C.G..) in Criminal Case No. 1432/2021, whereby the applicants
have been convicted and sentenced in the following manner :-
Conviction Sentence Under Section 4 of CG Tonhi RI for 01 year and fine of Rs.
Pratarana Niwaran Adhiniyam 500/- in default of payment of
fine additional SI for 15 days.
Under Section 5 of CG Tonhi RI for 01 year and fine of Rs.
Pratarana Niwaran Adhiniyam 500/- in default of payment of
fine additional SI for 15 days.
Both the sentences are run concurrently.
Learned counsel for the applicants would submit that the
total sentence sentence awarded to the applicants are RI for 01
year, during trial as well as during appeal they were on bail and
has not misused the liberty granted to the applicants, presently
they are in jail since 28.04.2025. The final adjudication of the
revision will take its own time, therefore, they may be enlarged on
bail.
On the other hand, learned counsel for the State opposes.
Considering the submission made by learned counsel for
the applicants, the period of sentence awarded to him and also
that during trial as well as appeal they were on bail and at present
they are in jail since 28.04.2025, the final adjudication of the
revision will take its own time, I am inclined to release the
applicants on bail.
Accordingly, I.A. No. 01/2025, application for suspension of
sentence and grant of bail, is allowed and it is directed that
execution of further substantive jail sentence of the applicants
shall remain suspended and they shall be released on bail on
executing personal bond in sum of Rs. 25,000/- with one surety in
the like sum to the satisfaction of trial Court for their appearance
before the Registry of this Court on 2nd July, 2025. Thereafter,
they shall appear before the trial Court on a date to be given by
the Registry of this Court and shall continue to appear before the
trial Court on all such subsequent dates as are given to them by
the said court till the disposal of this revision.
List this case for final hearing.
Sd/-
(Ravindra Kumar Agrawal) Judge Alok Digitally signed by ALOK ALOK SHARMA SHARMA Date:
2025.05.07 10:18:47 +0530
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