Chattisgarh High Court
Vikas Ramrakhyani @ Vikas Kumar ... vs Kishanchand Bhirani on 4 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 378 of 2022
Vikas Ramrakhyani @ Vikas Kumar Ramrakhiya son of Mohanlal
Ramrakhyani, aged about 29 years, resident of behind Shri Paramhans
Advaitmat Mandir Gali No.2, Shyam Nagar, Raipur, District Raipur (CG)
---- Applicant
Versus
1.
Kishanchand Bhirani son of late Shri Hakikat Ram Bhirani, aged about 43
years, resident of Bhagat Singh Ward Bhatapara, Tahsil-Bhatapara, District
Balodabazar-Bhatapara(CG)
2. State Of Chhattisgarh Through- The District Magistrate, Raipur(C.G.)
---- Non-Applicants
04/04/2022 Shri J.K. Saxena, counsel for the Applicant.
Shri Anurag Verma, Panel Lawyer for the State/ Non-
Applicant No.2.
Heard on admission.
Admit.
Issue notice to Non-Applicant No.1 only, on payment of P.F.
as per rules.
Also heard on I.A.No.1/2022, an application for suspension
of sentence and grant of bail.
By virtue of the impugned judgment dated 30.03.2022
passed in Criminal Appeal No. 13/2020, the learned 11 th Additional
Sessions Judge, Raipur(CG), while upholding the judgment dated
05.10.2019, passed by Judicial Magistrate First Class, Raipur
in Complaint Case No. 20653/2014, has convicted the Applicant
and sentenced as under:-
Conviction Sentence
U/s 138 of the Negotiable 6 months simple imprisonment and fine
Instruments Act, 1881 of Rs.1,80,000/-, in default of payment
of fine 3 months simple imprisonment
Learned counsel for the Applicant while referring to the
provisions prescribed under sub-section(4) of Section 378 of the
Code of Criminal Procedure, 1973, submits that the appeal
preferred by the complainant against the acquittal order itself was
not maintainable, yet it was decided and the Applicant has been
awarded a short sentence under the impugned judgment. It is
contended further that as the Applicant is in jail since 30.03.2022
and this revision petition will take some time for its final disposal,
therefore, he may be enlarged on bail.
On the other hand, learned counsel appearing for the Non-
Applicant/State has opposed the bail application.
Having considered the aforesaid contention of the learned
counsel for the parties and considering further the short term
sentence as awarded to the Applicant by the impugned judgment, I
am inclined to allow the same.
Accordingly, the application is allowed and it is directed that
the substantive jail sentence imposed upon the Applicant shall
remain suspended during the pendency of this revision and he
shall be released on bail on his furnishing a personal bond of
Rs.10,000/- along with one surety of like sum to the satisfaction of
the concerned trial Court for his appearance before the said Court
on 18th July, 2022 and thereafter continue to appear on
such further dates as are given to him in that behalf, till the
disposal of this criminal revision.
I.A.No.1/2022 stands disposed of.
Call for the records of the Courts below and post this matter
after five weeks for further orders.
Certified copy today itself.
Sd/-
(Sanjay S. Agrawal)
Judge
sunita
