Pawan Kumar Banjare vs Kripal Singh
2022 Latest Caselaw 1319 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                               CRR No. 144 of 2022
  Pawan Kumar Banjare S/o Hajari Lal Aged About 24 Years Occupation
   Agriculturist, R/o Villagesinghanpuri, Police Station And Tahsil Kawardha,
   District Kabirdham (C.G.)
                                                                          ---- Applicant
                                      Versus
  Kripal Singh S/o Bhagat Singh Pahuja Aged About 56 Years R/o Azad Chowk,
   Main Road, Kawardha, Police Station And Tahsil Kawardha, District Kabirdham
   (C.G.)
                                                                       ---Non-applicant



14.03.2022

Mr. Dharmesh Shrivastava, counsel for the applicant.

Mr. Nikhil Parakh, counsel for the non-applicant. This criminal revision has been filed being aggrieved by the judgment dated 29.01.2022 passed by the learned Additional Judge to the Court of leanred Additional Sessions Judge, Kawardha, District- Kabirdham (C.G.) in Criminal Appeal No. 75/2018 arising out of the judgment dated 29.05.2018 passed by learned Judicial Magistrate First Class, Kawardha District- Kabirdham (C.G.) in Criminal Case No. 314/2016, whereby the applicant has been convicted and sentenced in the following manner:-

Conviction Sentence U/s 138 of Negotiable : R.I. for 6 months with fine of Rs. 5000/- Instrument Act and in default of payment of fine additional R.I. for one month.

It is submitted on behalf of the applicant that the applicant was on bail during pendency of trial and also during pendency of appeal and he

has not misused the liberty granted. The applicant has been erroneously convicted. There is likelihood of delay in final hearing of this revision petition, hence, it is prayed that the application for suspension of sentence and grant of bail may be allowed.

Considering the submission of the learned counsel for the applicant and considering the fact that the sentence imposed upon the applicant is R.I. for six months and there is likelihood of delay in final hearing of this revision petition, I feel inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the applicant shall remain suspended subject to the applicant deposits Rs. 1,00,000/- before the trial Court within one month from today and on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 25 th April, 2022. Thereafter, he shall appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear before the trial Court on all such subsequent dates as are given to him by the said court till the disposal of this revision.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

Deshmukh