Chattisgarh High Court
Sanjay Chandrakar vs Chhattisgarh Tractors on 11 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 478 of 2022
Sanjay Chandrakar S/o Sharwan Chandrakar Aged About 25 Years Occupation Business
of Kirana Shop R/o Mainpura Pandariya P.S. And Tahsil Pandariya District Kabirdham
Chhattisgarh.
---- Applicant
Versus
Chhattisgarh Tractors Kawardha Proprietor Shivkumar Chandravanshi S/o Late
Phaguram Aged About 65 Years R/o Raipur Road Ward No. 25 Kawardha Tahsil
Kawardha District Kabirdham Chhattisgarh.
---- Respondent
11-05-2022 Shri A.N. Pandey, Advocate for the applicant.
Heard.
On payment of process fee as per rules, Issue notice to the
respondent. Notice be made returnable within four weeks.
Also heard on I.A. No. 1/2022, application for suspension of sentence
and grant of bail to the applicant.
By this criminal revision, the applicant has challenged the impugned
judgment of conviction and order of sentence dated 27-04-2022, passed by
the learned Additional Judge to the Court of learned Additional Sessions
Judge, Kabirdham in Criminal Appeal No.46/2019, whereby the judgment of
conviction and order of sentence dated 16-05-2019 passed by the Judicial
Magistrate First Class, Kabirdham in Criminal Case No.1673/18 has been
upheld, whereby the applicant has been convicted and sentenced as under:-
Sr. Section Act Jail sentence Fine sentence Default
No.
1. 138 Negotiable R.I. for 6 Rs.1,80,000/- Additional R.I. for 3
Instrument months. months.
Act, 1881
Learned counsel for the applicant submits that the applicant is in jail
from the date of judgment dated 27-04-2022 passed by the learned appellate
Court. It is further submits that applicant was in bail during trial and appeal
also. He has never misused the bail granted to him. He further submits that
as per Annexure A-3, i.e. affidavit of complainant Shiv Kumar Chandravanshi,
Proprietor of CG Tractors, Kawardha, the applicant has paid all the amount
i.e. Rs.1,80,000/- to the complainant and the matter has been settled
between them. Final hearing of this case would take considerable time,
hence, substantive jail sentence awarded to the applicant may be
suspended.
Considered the submission and perused the impugned judgment as
well as judgment of trial Court and other material particularly the affidavit of
complainant, wherein it has been mentioned that matter has been settled
between them as applicant has deposited all the amounts i.e. Rs.1,80,000/-.
In view of the above submission made by learned counsel for the
applicant, affidavit of complainant which has been filed by the applicant and
other facts of this case, I.A. No.1/2022 is allowed.
It is directed that execution of substantive jail sentence imposed on the
applicant shall remain suspended during the pendency of this revision and he
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. The applicant shall appear before the Registry of this Court on
28-07-2022 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 revision.
List this case for final hearing in due course.
Certified copy today.
SD/-
(N.K. Chandravanshi)
Judge
Amardeep
