Kalindri Bai vs Bank Manager
2022 Latest Caselaw 2515 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                                  CRR No. 414 of 2022

                            • Kalindri Bai W/o Malikram Aged About 38 Years Proprietor-
                              Chandravanshi Gud ( Sugarcane) Industry, Jamuniya, R/o village
                              Jamuniya, Police Station And Tahsil- Kawardha, District-
                              Kabirdham, CG
                                                                                   ---- Applicant
                                                        Versus
                            • Bank Manager Indian Overseas Bank, Branch- Kawardha, Office
                              ( Wrongly Mentioned As Treasury In The Impugned Judgment)-
                              Amit Lodge Campus, Bus Stand- Kawardha, PS Kawardha,
                              District- Kabirdham, CG
                                                                               ---- Respondent

19-4-2022 Shri Dharmesh Shrivastava , counsel for the applicant.

Heard on admission.

The revision is admitted for hearing.

Issue notice to the respondent, on payment of PF as per rules. Call for the records of both the courts below.

Also heard on I.A. No. 1/2022 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 30-3-2022 passed by the Addl. Judge to the Court of Addl. Sessions Judge, Kabirdham in Cr.A. No. 126/2018, whereby appellate Court has affirmed the judgment of conviction and order of sentence dated 11-6-2018 passed by the Judicial Magistrate First Class, Kawardha Distt. Kabirdham in Criminal Case No. 853/2016 whereby the applicant has been convicted and sentenced as under :-

            Sr. No.     Section             Act         Jail sentence Fine sentence Default
                                                                                    stipulation
            1         138           Negotiable          6     months Rs. 5,000/-    Addl. RI for
                                    Instruments Act     years RI                    3 month

Learned counsel for the applicant submits that sentence awarded to the applicant is six months. The applicant was on bail during trial and his jail sentence was also suspended by the appellate Court. The applicant has a good case in his favour. Fine amount has been deposited by the applicant. Hence, he prays that the substantive jail sentences imposed on the applicant be suspended and she be released on bail.

I have heard learned counsel and perused the impugned judgment. After perusing the impugned judgment and considering the facts and circumstances of the case, this Court is of the opinion that it is a fit case to suspend the sentence and release the applicant on bail.

Accordingly, IA No.1/22 is allowed.

It is directed that execution of substantive jail sentence imposed on the applicant shall remain suspended during the pendency of this revision and she shall be released on bail on her 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 19- 7-2022 and thereafter she 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 her by the said Court, till the disposal of the revision.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge

Pathak