Vishnu Prasad vs Abhay Pincha
2022 Latest Caselaw 4053 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                          CRR No. 605 of 2022
       Vishnu Prasad S/o Amirdas Dhritlahre Aged About 55 Years R/o Village Amsena, Police
       Station And Tahsil Arang, District Raipur (C.G.)
                                                                                 ---- Applicant
                                                    Versus
  1.       Abhay Pincha S/o Shri Bhikhamchand Pincha Aged About 45 Years R/o Gandhi
       Chowk, Mahasamund, District Mahasamund (C.G.)
  2.        State of Chhattisgarh     Through   District   Magistrate,   Mahasamund,   District
       Mahasamund (C.G.)
                                                                             ---- Respondents

27-06-2022 Shri Rekhraj Baghel, Advocate for the applicant.

Shri Ishwar Jaiswal, Panel Lawyer for the State/respondent No.2.

Heard.

Learned State counsel appears and accepts notice on behalf of respondent

No.2/State.

Issue notice to the respondent No.1 on payment of process fee as per rules.

Process fee be paid within a week.

Heard on I.A. No. 2/2022, application for suspension of sentence and grant

of bail and I.A. No.1/2022, application for exemption for depositing fine amount

imposed by the learned trial Court.

By way of impugned judgment dated 17-06-2022 passed in CRA No.H-

20/2018, the First Upper Sessions Judge, Mahasamund (C.G.) upheld the

judgment of conviction and order of sentence dated 07-02-2018 passed by the

Chief Judicial Magistrate in Criminal Complaint Case No.S-744/2013 under Section 138 of the Negotiable Instrument Act, 1881 and Section 357(3) of Cr.P.C., wherein

the applicant was convicted as below:-

Sr. No.        Section            Act         Jail sentence   Fine sentence Default
                                                                            stipulation
  1.            138            Negotiable       R.I. of 6           -              -
                             Instrument Act     months
  2.           357(3)            Cr.P.C.            -         Rs.3,00,000/-        -

Let notice of this application be also issued to the respondent.

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 good case to

succeed in this revision. 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 and fine/compensation amount shall also

remain suspended till the disposal of this revision.

Considered the submission and perused the impugned order of trial Court.

Considering the short sentence imposed upon the applicant/accused and

also considering the fact that final hearing of this case is likely to take some more

time, I feel inclined to allow I.A. No.2/2022 and I.A. No.1/2022 in part.

It is directed that if applicant deposits 30% of fine/compensation amount

before the concerned Court below 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 shall be released on bail on his furnishing a personal bond in a sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court, failing which, this interim order shall stand vacated automatically. However, the

applicant shall make his appearance before the Registry of this Court on

15-09-2022 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 the

appeal.

SD/-

(N.K. Chandravanshi)

Judge

Amardeep