Mohammad Jafar vs Sandeep Chandrakar
2022 Latest Caselaw 4287 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                          CRR No. 675 of 2022
    Mohammad Jafar S/o Late Mohammad Akbar Jikar Sariya Aged About 37 Years R/o
    Infront Of Darul Ulum Madarasa (Sarfuddin House) Raza Nagar, Sonapalo, District
    Sambalpur (Odisha)
                                                                                       ---- Applicant
                                                            Versus
    Sandeep Chandrakar S/o Pawan Chandrakar Occupation Proprietor Chandrakar Feeds
    (Business Of Poultry Farm And Feeds) Sakarkar Complex Mahamaya Road,
    Mahasamund Police Station And District Mahasamund Chhattisgarh
                                                                                   ---- Respondent

Shri Shikhar Sharma, Advocate for the applicant.

07-07-2022 Heard.

Issue notice to the respondent on payment of process fee as per rules.

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

The applicant has been convicted and sentenced by the Chief Judicial Magistrate, Mahasamund in Criminal Complaint Case No.S-456/2014 on 06-12-2017 as under:-

             Sr.             Section               Act         Jail sentence    Fine under     Default
             No.                                                               Section 357(3) stipulation
                                                                               of the Cr.P.C

               1.             138              Negotiable        S.I. of 6      Rs.60,000/-              -
                                           Instrument Act        months

Against the order of learned Chief Judicial Magistrate, the applicant preferred an appeal (CRA No.H-02/2018) before the Additional Sessions Judge, Fast Track Court, Mahasamund (C.G.), which has been dismissed by the impugned judgment dated 28- 06-2022. Hence, this revision.

Counsel for the applicant submits that the applicant was on bail during trial and appeal. He has not misused the bail granted to him. It is a good case to succeed in this revision. The applicant is in jail since 28-06-2022. Final hearing of this revision petition is likely to take considerable time, hence, it is prayed that the substantive jail sentence imposed upon applicant may be suspended till the disposal of this revision.

Considered the submission and perused the impugned order. Having considered the short sentence, having considered the fact that the applicant was on bail during trial & appeal and also final hearing of this revision is likely to take considerable time, hence, I feel inclined to allow I.A. No.1/2022.

It is directed that if applicant deposits 30% of fine/compensation amount before the trial Court within a period of one month from today, the execution of substantive jail sentence imposed upon applicant and recovery of remaining fine/compensation amount shall remain suspended till pendency of this revision and the applicant be released on bail subject to further condition of his furnishing a personal bond in a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the trial Court, failing which, this interim order shall stand vacated automatically. The applicant shall make his appearance before the Registry of this Court on 19-09-2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of this revision.

SD/-

(N.K. Chandravanshi) Judge

Amardeep