Chattisgarh High Court
Dhannulal Verma vs State Of Chhattisgarh on 28 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 86 of 2022
Dhannulal Verma S/o Bholaram Verma Aged About 40 Years Occupation Agriculturist, R/o
Village Nagdha, Police Chowki, Maro, Police Station Nandghat, District Bemetara
Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through The District Magistrate, District Bemetara Chhattisgarh.
---- Respondent
Shri Shivendu Pandya, Advocate for the applicant. 28-04-2022 Shri Vinod Tekam, Panel Lawyer for the State/respondent.
Shri Ashutosh Biswas, Advocate for the objector/complainant. Heard on I.A. No. 1/2022, application for suspension of sentence and grant of bail to the applicant.
By this criminal revision, the applicant has challenged the impugned judgment of conviction and order of sentence dated 04-01-2022, passed by the First Additional Sessions Judge, Bemetara in Criminal Appeal No.03/2021, whereby the appellate Court has affirmed the judgment of conviction and order of sentence dated 04-01-2021 passed by the Chief Judicial Magistrate, Bemetara in Criminal Case No.892/2015 whereby the applicant has been convicted and sentenced as under :-
Sr. Section Act Jail sentence Fine sentence Default stipulation No.
1. 456 IPC R.I. for 3 1000 Additional R.I. for 3 years months.
2. 354-A-I IPC R.I. for 3 1000 Additional R.I. for 3 years. months
3. 354-A-II IPC R.I. for 3 1000 Additional R.I. for 3 years months
4. 354-B IPC R.I. for 3 1000 Additional R.I. for 3 years months All the jail sentences have been directed to run concurrently.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Maximum jail sentence awarded to the applicant is three years R.I. he is in jail since 4-1-2022 i.e. date of impugned judgment. He was on bail during trial and after granting bail by the Appellant Court, he has not misused bail granted to him. He has good case to succeed in this revision, hence, sentence awarded to the applicant may be suspended till the final disposal of this revision.
On the other hand, learned counsel for the State vehemently opposes the application for suspension of sentence and grant of bail to the applicant.
Learned counsel for the objector/complainant submits that since complainant/objector and applicant are residing in same village, hence, they have settled their dispute. Now, there is no any issue remains between them, hence, he has no objection if jail sentence of applicant is suspended.
I have heard learned counsel for the parties and perused the impugned judgment passed by trial Court as well as by appellate Court.
Considering the short sentence awarded to the applicant and also considering the totality of the case, I feel inclined to allow the I.A. No.1/2022.
Accordingly, It is directed that execution of substantive jail sentence imposed on the applicant shall remain suspended during the pendency of this revision and he shall be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant shall appear before the Registry of this Court on 28-07-2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the revision.
List this case for final hearing in due course.
SD/-
(N.K. Chandravanshi) Judge Amardeep