Vijay Singh vs Dinesh Kumar Sahu
2022 Latest Caselaw 7607 Chatt

                                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                                       Order Sheet
                                          Criminal Revision No.1253 of 2022
                                         Vijay Singh Versus Dinesh Kumar Sahu




15.12.2022

Shri Manoj Kumar Jaiswal, counsel for the Applicant.

Heard on admission.

Issue notice to the Non-Applicant on payment of PF as per rules.

Also heard on IA No.01/2022, an application for grant of stay.

Issue notice to the Non-Applicant on this application also, as above.

Also heard on IA No.02/2022, an application for suspension of sentence and grant of bail.

The accused/Applicant has been convicted vide judgment of conviction and order

of sentence dated 25.11.2022 passed by the 2 nd Additional Sessions Judge, Baloda

Bazar in Criminal Appeal No.09/2022 for the offence under Section 138 of the Negotiable

Instruments Act and sentenced to undergo R.I for 2 years with fine of Rs.8,00,000/- with

usual default stipulation.

Learned counsel for the accused/Applicant submits that the Non-Applicant is

doing money lending business without any license, which has also been established in

the impugned judgment, therefore, this is a fit case to succeed on merits, the Revision is

likely to take considerable time for its final disposal, therefore, the Applicant may be

enlarged on bail.

Taking into consideration the facts and circumstances of the case, submission of

learned counsel for the Applicant and having perused the impugned judgment of the Court below, I am inclined to suspend the jail sentence imposed on the Applicant and

grant him bail.

Accordingly, IA No.02/2022 is allowed and it is directed that the substantive jail

sentence imposed upon the Applicant shall remain suspended during the pendency of

the Revision and he shall be released on bail on his furnishing a personal bond of

Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for

his appearance before the Registry on 16th of January, 2023 and thereafter before the

concerned Court below on all such dates as may be given to him till final disposal of this

Revision.

Purely as an interim measure, it is ordered that the effect and operation of the

impugned judgment shall remain stayed till the next date of hearing.

Call for records of the Court below and post the matter in the 2 nd week of March,

2023.

Sd/-

(Deepak Kumar Tiwari) JUDGE

Priya.