Chattisgarh High Court
Ratan Singh vs Praveen Kesharwani on 16 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 604 of 2021
Ratan Singh S/o Shri Sukhcharan Aged About 55 Years R/o Village
Pawantara, Thana And Tahsil Sahaspur Lohara, District Kabeerdham
Chhattisgarh.
----- Applicant
Versus
1. Praveen Kesharwani S/o Shri Taranath Kesharwani Aged About 38 Years
Prop. Partner , Tara Motors , Authorized Seller Of Sonalika Tractors, Bilaspur
Road Kawardha, District Kabeerdham Chhattisgarh.
2. State Of Chhattisgarh Through The District Magistrate Kabeerdham, District
Kabeerdham Chhattisgarh.
----- Respondents
16/09/2021 Shri Sumit Shrivastava, counsel for the applicant.
Smt. Seema Dixit, P.L. accepts notice on behalf of State/respondent No.2.
Heard on I.A. No.1/2021, application for suspension of sentence and grant of
bail.
This criminal revision has been filed being aggrieved by the judgment dated
31/08/2021 passed by the learned Additional Judge to the Court of Additional
Sessions Judge, Kabirdham (Kawardha) (C.G.) in Criminal Appeal No. 19/2019
upholding the judgment dated 04/02/2019 passed by the Chief Judicial Magistrate,
District Kabirdham (C.G.) in Criminal Case No. 619/2018, whereby the applicant
has been convicted and sentenced in the following manner :-
Conviction U/s Sentence Fine In default of
payment of fine
138 of Negotiable R.I. for 6 months 1,90,000/- R.I. for 3 months
Instrument Act,
It is submitted by counsel for the applicant that applicant was on bail during
pendency of the trial and also during appeal and he has not misused liberty the bail
granted to him, applicant has been erroneously convicted by Court below, he is in
jail since 31/08/2021, there is likelihood of delay in final hearing of this revision.
Hence he prayed that application for suspension of sentence and grant of bail may
be allowed and applicant may be released on bail.
The respondent is yet to be noticed.
Considered on the submissions. The sentence imposed upon the applicant
is for six months rigorous imprisonment and he is in jail since 31/08/2021, there is
likelihood of delay in final hearing of this revision petition, therefore I feel inclined to
allow the application for suspension of sentence and grant of bail.
This application is allowed on interim basis. It is ordered that the sentence
imposed upon the applicant shall remain suspended during pendency of this
criminal revision and he shall be released on bail subject to condition that the
applicant makes a payment of 30% of the compensation amount before the trial
Court, within a period of 15 days from today and also on furnishing a personal bond
in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the
trial Court for his appearance before the Registry of this Court on 02 nd December,
2021. He shall thereafter appear before the trial Court on a date to be given by the
Registry of this Court and shall continue to appear there on all such subsequent
dates as are given to him by the said Court, till disposal of this criminal revision.
If the applicant fails to pay 30% of the compensation amount before the trial
Court as directed above, this order shall stand vacated automatically and the
applicant shall surrender before the Court concerned. If he does not surrender,
then that trial Court shall send him to jail.
On payment of process fee as per rules, issue notice to the respondent
No.1.
Notice be made returnable within six weeks.
List the matter thereafter.
Certified copy as per rules.
Sd/-
(N.K. Chandravanshi)
JUDGE
Kamde
