Firm Tejaswi Pratap Chandra Rice ... vs Deepak Kumar Chandra
2022 Latest Caselaw 5335 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRR No. 855 of 2022
    Firm Tejaswi Pratap Chandra Rice Product Proprietor Manoj Kumar Chandra,
     Aged About 35 Years, S/o Shri Gorelal Chandra, R/o Village Salni, Tehsil
     Jaijaipur, District Janjgir Champa (C.G.)
                                                                     ---- Applicant
                                      Versus
  1.

Deepak Kumar Chandra S/o Shri Bhagwat Prasad Chandra Aged About 22 Years R/o Chorbhatti, P.S. Jaijaipur, District Janjgir Champa (C.G.)

2. State of Chhattisgarh Through District Magistrate Janjgir, District Janjgir Champa (C.G.). ---- Non-applicants

23.08.2022 Shri Surfaraj Khan, counsel for the applicant.

Shri Sudhir Sahu, Panel Lawyer for the State/non-applicant No.2.

Heard.

Admit.

Call for record of the Courts below.

Also heard on I. A. No.1/2022 application for suspension of sentence and grant of bail.

This criminal revision has been filed under Section 397 read with Section 401 of CrPC against the judgment dated 12.08.2022 passed by the Second Additional Sessions Judge, Sakti District- Janjgir-Champa (C.G.) in Criminal Appeal No.37/2019 upholding the order dated 23.08.2019 passed by the Judicial Magistrate First Class, Jaijaipur, District- Janjgir-Champa (C.G.) in Criminal Case No.264/2018 convicting and sentencing the applicant as under:-

Convictions Sentences U/s. 138 of Negotiable Instrument R.I. for 1 year and compensation of Act. Rs. 2,00,000/- to be paid by the applicant to non-applicant No.1.

Learned counsel for the applicants submits that the applicant was on bail during trial as well as during pendency of appeal and he is in jail since 12.08.2022 and sentence imposed upon him is of 1 year R.I. and final conclusion of this revision is likely to take some time, therefore, the applicant may be released on bail.

On the other hand, learned counsel for the Non-applicant/State opposes the bail application (IA. No.1/2022).

Considering the facts and circumstances of the case, particularly considering the short sentence of 1 year R.I. has been imposed upon the applicant, the fact that the applicant was on bail during trial as well as during the pendency of appeal, the applicant is in jail since 12.08.2022 and final disposal of this revision is likely to take some time, therefore, the application I.A. No.1 for suspension of sentence and grant of bail is allowed subject to deposit of 50 % of compensation amount of Rs. 2,00,000/- i.e. Rs.1,00,000/- before the trial Court before furnishing bail bond.

It is directed that the execution of 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 in the sum of Rs.50,000/- 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 02.11.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in its due course.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim