Sandeep Stationary Mart And Book ... vs Kailash Kukreja
2022 Latest Caselaw 284 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                       CRR No. 718 of 2021
  Sandeep Stationary Mart & Book Depot, through its Proprietor Sandeep Gupta, S/o Purshottam
  Lal Gupta, R/o near Dev Shri Talkies Dhamtari, Tahsil & District Dhamtari (C.G.)
                                                                              ---- Applicant
                                               Versus
  Kailash Kukreja S/o Shri Bandar Das Kukreja, aged about 47 years, R/o Prakash Enterprises
  Vimal Talkies Road, Risaipara Dhamtari, Police Station City Kotwali, District Dhamtari,
  Chhattisgarh
                                                                                  ---- Respondent

17/01/2022 Shri Kunal Das, counsel for the applicant.

Shri Siddharth Dubey, Advocate appears on behalf of Shri Tridip Bhattacharya, counsel for the respondent.

Heard on I.A. No.1 of 2022, application for interim bail to the applicant.

Challenge in this revision filed under Section 397 read with Section 401 of Code

of Criminal Procedure is to the judgment dated 21/09/2021 passed by the Sessions

Judge, Dhamtari (C.G.) in Criminal Appeal No. 23/2020, upholding the judgment

dated 28/02/2020 of Judicial Magistrate First Class, Dhamtari, District Dhamtari (C.G.)

in Criminal Case No. 20/2015 convicting and sentencing the applicant as under :-

                 Conviction                                Sentence

                 Under    Section   138    of              R.I. for one year and in default of
                 Negotiable Instrument Act                 payment of compensation amount
                                                           of Rs.12,50,000/- under Section
                                                           357 (3) of Cr.P.C., further S.I. for
                                                           two months.

The applicant is seeking interim bail on the ground of marriage of his niece. According to the applicant the marriage function is to take place on 22-23/01/2022, in which presence of the applicant is very much required. Along with this application, an affidavit of applicant's wife as well as marriage card of his niece have been filed.

Considering the reasons assigned in the application for interim bail which is supported by the affidavit of wife of applicant as also the marriage card of his niece which is not opposed by counsel for the respondent, it is directed that the applicant shall be released on interim bail from 18/01/2022 to 24/01/2022 on his executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. The applicant shall surrender before the concerned trial Court positively on 25/01/2022. After surrender of the applicant the trial Court shall inform about the same to this Registry.

Accordingly, the application (I.A. No.1/2022) is allowed.

Certified copy as per rules.

List this case on 27/01/2022.

Sd/- -

(Gautam Chourdiya) JUDGE

Kamde