Chandrabhan Singh vs Remedial Manager, Hdfc Bank
2022 Latest Caselaw 709 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                    (Proceedings Through Video Conferencing)

                                   Order Sheet
                               CRR No. 124 of 2022
   Chandrabhan Singh, S/o Shri Chamar Singh, Aged About 39 Years, R/o Village-
    Kukda, Post-Mohda, P.S. Seepat, Tehsil - Masturi, District Bilaspur Chhattisgarh.

                                                                         ---- Applicant
                                       Versus
   Remedial Manager, HDFC Bank Branch - Kawardha, Office- Surjit Singh Complex,
    Indira Chowk, Kawardha, District Kabirdham Chhattisgarh.

                                                                     ---- Respondent

K

10.02.2022 Ms. Anusha Naik, Counsel for the Applicant.

Heard on admission.

The revision is admitted for hearing.

Call for the records of the Courts below.

Issue notice to the respondent on payment of PF within 07 days.

Also, heard on IA No. 01/22, application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment dated 24.12.2021, passed by the learned Additional Judge, Kabirdham in the Court of learned Additional Sessions Judge, Kabirdham (C.G.) in Criminal Appeal No. 52/2019, arising out of judgment dated 21.06.2019 passed by the Judicial Magistrate First Class, Kawardha, District - Kabirdham (C.G.) in Criminal Case No.795/2018, the applicant stands convicted and sentenced as under :-

            Conviction                            Sentence

Under Section 138 of the R.I.            for    six    months   and

Negotiable Instruments Act, 1881 compensation of Rs.96,081/- in default of compensation amount further R.I. for three months.

Considering the facts and circumstances of the case, in particular the fact that the maximum sentence awarded to the applicant is of six months and that the applicant was on bail during trial as also during pendency of appeal and did not misuse the liberty granted to him and that due to COVID-19 pandemic, disposal of revision is likely to take some time, without expressing any opinion on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the applicant and to release him on bail.

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

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 depositing 50% of the amount of compensation with the concerned trial Court and furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 16.06.2022 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 this case immediately after service of notice to the respondent.

                                              Sd/-            Sd/-

                                       (Gautam Chourdiya)
                                             Judge
yasmin