Ashok Kumar Chandrakar vs Panchram Sahu
2022 Latest Caselaw 1342 Chatt

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                                                                           NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                            CRR No. 287 of 2022

Ashok Kumar Chandrakar S/o Fagua Ram Chandrakar Aged About 46 Years R/o
Village Ghorpendri, Post Kunda, Tehsil Pandriya, District Kabirdham Chhattisgarh.

                                                                    ---- Applicant

                                  Versus

Panchram Sahu S/o Dashrath Sahu Aged About 42 Years R/o Village Dongariya
Khurd , Post Marewa Puran, Police Station Kunda, Tehsil Pandariya, District
Kabirdham Chhattisgarh.

                                                                 ---- Respondent

15/03/2022 Shri Prateek Singh Thakur, counsel for the applicant.

Heard.

Issue notice to respondent on payment of PF as per rules. Call for records of the Court below.

Also heard on IA No.1/22 which is an application for suspension of sentence and grant of bail.

The applicant has been convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo RI for 6 months and fine of Rs.5000/- vide judgment of conviction and order of sentence dated 20.04.2018 passed in Criminal Case No.475 of 2016 by Judicial Magistrate First Class, District- Kabeerdham (Kawardha), CG.

Learned counsel for the applicant submits that maximum jail sentence imposed on the applicant is of 6 months. Fine amount imposed upon the applicant has already been deposited. He

submits that applicant is having a good case in his favour. There is every likelihood of succeeding in this revision. Hence, the jail sentence be suspended during pendency of this revision and applicant may be released on bail.

On due consideration of submissions of learned counsel for applicant, particularly considering short period of sentence imposed upon the revisioner/applicant, I consider it to be an appropriate case to suspend the substantive jail sentence of applicant.

Accordingly, IA No.1 of 2022 is allowed. It is directed that the substantive jail sentence imposed upon the applicant shall remain suspended during pendency of the revision and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 15 th June 2022. Thereafter, he shall appear before the concerned trial Court on the date given by the Registry of this Court and continue to appear there till final disposal of this revision.

List the revision after receipt of service report.

Sd/-/---/-/-

(Parth Prateem Sahu) Judge

Praveen