Dinesh Kumar Sahu vs Pramod Kumar Gautam
2022 Latest Caselaw 4970 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                   CRR No. 788 of 2022

     Dinesh Kumar Sahu S/o Shri Santosh Sahu Aged About 28 Years R/o Near
       Jalaram Mandir Shaheed Nagar, Khamtarai, District - Raipur Chhattisgarh

                                                                      ---- Applicant
                                          Versus

     Pramod Kumar Gautam S/o Keshri Prasad Gautam Aged About 48 Years R/o
       Krishna Nagar, Tahsil And District - Raipur Chhattisgarh

                                                                   ---- Respondent

03.8.2022 Mr. Pushkar Sinha, counsel for the applicant.

Heard on admission.

Admit.

Call for the records of both the Courts below.

Also heard on IA No.01/2022, an application for suspension of sentence

and grant of bail to the applicant.

The applicant has been convicted and sentenced by the Judicial

Magistrate First Class, Raipur (C.G.) in Criminal Case No.1290/2019 on

24.3.2021 as under:-

  Sr. Conviction             Sentence          Fine       In   default    of
 No.                                                     payment of fine

 1.    U/s. 138 of the S.I. for        6 Rs.5,10,000/- Further S.I. for 02
       Negotiable       months.                        months.
       Instruments Act.

Against the order of learned Judicial Magistrate First Class, the applicant

preferred an appeal (Criminal Appeal No.71/2021) before the 14th Additional

Session Judge, Raipur District Raipur (C.G.), which has been dismissed by the

impugned judgment dated 29/7/2022. Hence, this revision.

Learned counsel for applicant submits that applicant is in jail since

29/7/2022 i.e., date of judgment passed by the Appellate Court. He would

further submit that applicant was on bail during trial and also during the

pendency of the appeal. It is a good case to succeed in this revision. He

would further submit that there is no likelihood of this revision being heard

finally in near future. It is also submitted that applicant has already deposited

20% of the fine amount, therefore, substantive jail sentence awarded to the

applicant may be suspended and he may be released on bail, till the disposal

of this revision.

Per contra, learned counsel for the State opposes the bail application.

I have heard learned counsel for the parties and perused the documents

available on record.

Considering the facts and circumstances of the case and particularly,

considering the fact that the applicant was on bail during trial and appeal, as

stated by his counsel and further for the reason that there is no likelihood of this revision being heard finally in near future, therefore, I am of the opinion

that this is a fit case to suspend the jail sentence and release the applicant on

bail.

Accordingly, the bail application (I.A. No.01/2022) is allowed. It is

directed that substantive jail sentence imposed upon the applicant shall remain

suspended during the pendency of this revision and he shall be released on

bail if he deposits 50% of amount of compensation as has been ordered by the

Appellate Court ( if applicant has already deposited any fine amount, the same

shall be adjusted in the aforesaid amount of 50 % of compensation amount)

and on his furnishing a personal bond in the sum of Rs.50,000/- 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 10.10.2022. Thereafter, he

shall appear before the concerned trial Court on a date given by the Registry

of this Court and on all such subsequent dates as would be given to the

applicant in this behalf by that Court, till disposal of the instant revision.

List this case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Ayushi