Citation : 2025 Latest Caselaw 2933 Chatt
Judgement Date : 29 May, 2025
-1-
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 662 of 2025
Hemant Kumar Sahu S/o Hariram Sahu Aged About 40 Years R/o Padguda,
Police Station - Dongergaon, Distt. - Rajnandgaon Chhattisgarh
... Applicant (s)
versus
State Of Chhattisgarh Through District Magistrate, District - Rajnandgaon
Chhattisgarh
... Respondent(s)
29/05/2025 Mr. Kriplesh Kela, counsel for the applicant.
Ms. Sunita Manikpuri, Dy. Govt. Advocate for the State.
Heard.
Admit.
Digitally signed by PRAVEEN Call for records of trial Court as well appellate Court. KUMAR SINHA Date:
2025.05.30 10:17:28 +0530 Also heard on IA No.1 of 2025 which is an application for suspension of sentence and grant of bail.
Applicant has been convicted under Sections 420/34, 467/34, 468/34, 471/34 and sentenced to undergo maximum jail
sentence of 3 years vide judgment of conviction and order of sentence dated 14.05.2025 passed in Criminal Appeal No.13/2021 by learned Third Additional Sessions Judge, Rajnandgaon (CG).
Learned counsel for the applicant submits that applicant was in jail for about 11 months and 27 days during trial. He was on bail during appeal. Now the applicant is in jail since the date of judgment passed by the appellate Court i.e. 14.05.2025. Applicant has not misused the liberty granted to him. He has already served about more than 1 years of jail sentence. Maximum jail sentence awarded to applicant is of 3 years. Revision is likely to take some time for its final hearing and, therefore, the application for suspension of sentence and grant of bail may be allowed.
On the other hand, learned counsel for the State opposed the submission of learned counsel for the applicant.
On due consideration of submission of learned counsel for applicant based on maximum jail sentence and further that applicant has already served out more than 1 year of jail sentence, revision may take some time for its final disposal, I consider it to be an appropriate case to suspend the substantive jail sentence imposed on the applicant.
Accordingly, IA No.1 is allowed. It is directed that the substantive jail sentence imposed upon the applicant shall remain suspended during pendency of the revision and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 28th August 2025. Thereafter, he shall appear before
the concerned trial Court on the date given by the Registry of this Court and continue to appear there till final disposal of this revision.
Certified copy as per rules.
Sd/-/-/---/-/-
(Parth Prateem Sahu) Judge
Praveen
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