Chattisgarh High Court
Jagram Sahu vs State Of Chhattisgarh on 29 February, 2024
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 192 of 2024
Jagram Sahu S/o Shambhu Sahu Aged About 40 Years
R/o Village - Ruse, Police Station - Pandatarai, Tahsil-Kunda, District Kabirdham
(C.G.)
---- Applicant
Versus
State Of Chhattisgarh
Through - District Magistrate, Kawardha, District Kabirdham (C.G.)
---- Respondent
29/02/2024 Mr. Devesh Chandra Verma, counsel for the applicant.
Ms. Supriya Upasane, Govt. Advocate for the State. Call for records of the Court below.
Heard on IA No.1, application for suspension of sentence and grant of bail.
Applicant has been convicted under Sections 323/34 of IPC, Sections 4, 5 of the Tonahi Pratadna Nivaran Act, 2005 and sentenced to undergo SI for 7 days with fine of Rs.100/- under Section 323/34 of IPC and RI for 1 year and fine of Rs.100/- each under Sections 4, 5 of the Tonahi Pratadna Nivaran Act with stipulation of default clauses vide judgment of conviction and order of sentence dated 16.01.2024 passed in Criminal Appeal No. 13 of 2023 by learned Sessions Judge, Kabirdham (Kawardha) (CG).
Learned counsel for the applicant would submit that maximum jail sentence awarded to the applicant is of 1 year. Applicant was on bail during trial as also during appeal and he has not misused the liberty granted to him. Applicant has deposited the fine amount, final hearing of the revision may take some time, -2- hence, substantive jail sentence imposed upon the applicant may be suspended and he may be released on bail. He also contended that though on the date of filing of revision, applicant has not surrendered, he surrendered before the Court below on 17.01.2024. Copy of order sheet of learned trial Court is placed on record along with covering memo.
On the other hand, learned counsel for the respondent has opposed the application.
I have heard learned counsel for the parties. Considering the submission of learned counsel for the respective parties in particular considering the short sentence of 1 year awarded to the applicant, hearing of the revision may take some time, I am inclined to allow the application.
Accordingly, the application (IA No.1) is allowed and it is directed that the execution of 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 surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 29 nd April 2024. Thereafter, he shall appear before the concerned trial Court on a date to be 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