Hanuman Prasad Sinha vs Kishor Jaisvani
2022 Latest Caselaw 89 Chatt

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                                                                                 NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRR No. 11 of 2022


 1.    Hanuman Prasad Sinha S/o Kaluram Sinha, Aged About 50 Years, R/o
       Village Kilepar, Tahsil Gundardehi, Distt Balod (C.G.) At Present R/o Sichai
       Colony, Rudri, Dhamtari, Tahsil/Distt- Dhamtari (C.G.).
                                                                         ---- Petitioner
                                                                                (In Jail)
                                         Versus
 2.    Kishor Jaisvani S/o Gopichand Jaisvani, Aged About 50 Years, R/o Shiv
       Chauk, Risaipara, Dhamtari, Tahsil/Distt. Dhamtari (C.G.).
                                                                      ---- Respondent

06/01/2022 Mr. Samir Singh, Counsel for the Petitioner.

Heard on admission.

The revision is admitted for hearing.

Issue notice to the respondent on revision petition, as per rules.

Call for the records of both the Courts below.

Also heard on I.A. No. 01/2022, application for suspension of sentence as well as compensation and grant of bail to the petitioner.

Challenge in this revision filed under Section 397/401 of Code of Criminal Procedure, 1973 is to the judgment dated 31/12/2021 passed by Additional Sessions Judge, Dhamtari, District Dhamtari (C.G.) in Criminal Appeal No. 17/2021 upholding the judgment dated 18/03/2020 of Judicial Magistrate First Class, Dhamtari, District Dhamtari (C.G.) in Criminal Case

No. 906/2016 convicting and sentencing the petitioner as under:-

           Conviction                            Sentence
 Under    Section    138    of S.I. for 4 months and compensation of
 Negotiable Instrument Act.    Rs. 5,42,000/-

Counsel for the petitioner submits that the impugned judgment is per se illegal and not based on proper appreciation of the evidence as required under the law. The petitioner has been awarded the maximum sentence of 04 months. He has already been deposited Rs. 54,200/- of the fine amount. The petitioner was on bail during trial and did not misuse the liberty. The disposal of this revision petition is likely to take some time, therefore, the petitioner he may be released on bail.

Heard.

Considering the facts and circumstances of the case, short sentence of 04 months awarded to the petitioner, he was on bail during trial and did not misuse the liberty, disposal of the revision is likely to take sometime, without expressing anything on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the petitioner and to release him on bail.

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

It is directed that the execution of substantive jail sentence imposed upon the petitioner shall remain suspended during the pendency of this revision and he shall be released on bail on his depositing a sum of Rs. 2,00,000/- Lakh with the concerned Trial Court and furnishing a personal bond in the sum of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the trial Court for his appearance before the Registry of this Court 02nd May, 2022. He shall thereafter appear before the Trial Court on a date to be given by the Registry of this Court and

shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this revision.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant