Citation : 2025 Latest Caselaw 2907 Chatt
Judgement Date : 20 May, 2025
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 627 of 2025 MOHAN SINHA versus STATE OF CHHATTISGARH
Order Sheet
20/05/2025 Shri Harshvardhan Singh Thakur, counsel for the petitioner.
Shri Kishan Lal Sahu, Deputy Govt. Advocate for State.
This Revision is admitted for hearing. Call for the record of the trial court as well as appellate Court.
Also heard on I.A. No.1/2025, application for suspension of sentence and grant of bail under Section 430 of BNSS.
This Criminal Revision has been preferred against the judgment dated 17.04.2025 passed in Criminal Appeal No.13/2024 by the First Additional Sessions Judge, North Baster Kanker (C.G.), whereby, judgment dated 02.08.2024 passed in Criminal Case No.150/2020 by Judicial Magistrate First Class, North Baster Kanker (C.G.), whereupon, petitioner has been convicted under Section
AVINASH SHARMA
SHARMA 2025.05.20 15:51:23 +0530
325 of Indian Penal Code and sentenced to undergo simple imprisonment for 1 year with fine of Rs.2000/-, in default of payment of fine, to undergo four months additional simple imprisonment, has been confirmed.
Learned counsel for the petitioner would submit that total period of sentence awarded to him is of 1 year and he was on bail during trial and during pendency of appeal and he has not misused the liberty granted to him. Learned counsel further submits that presently petitioner is in jail since date of judgment passed by the appellate Court. He would further submit that revision is of the year 2025 and final hearing will take its own time, therefore, he may be enlarged on bail.
On the other hand, learned State counsel opposes. Considering the submissions made by learned counsel for the parties and total period of sentence awarded to the petitioner and further, the fact that during the trial and during pendency of appeal, he was on bail and final adjudication of the revision will take its own time, therefore, I am inclined to release the petitioner on bail.
It is directed that execution of further substantive jail sentence of the applicant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 22th July, 2025. Thereafter, he 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 him by the said court, till the disposal of this revision.
Accordingly, I.A. No.1/2025, application for suspension of sentence and grant of bail under Section 430 of BNSS is allowed.
I.A. No.2/2025, application for urgent hearing and I.A. No.3/2025, application for hearing during summer vacation, stand disposed of.
Sd/-
(Ravindra Kumar Agrawal) Judge
Avinash
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