K. Venkat Raman vs Kishan Sharma
2022 Latest Caselaw 6811 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                      Criminal Revision No.904 of 2022

   K. Venkat Raman, S/o. Late Shri K. Shriniwas Rao, aged about 57 years, R/o.
   Ward No.15, Railway Station Sakti, P.S.-Sakti and District Janjgir-Champa
   (CG)
                                                                         -----Applicant
                                   Versus
1. Kishan Sharma S/o Late Shri Surajbhan Sharma, aged about 48 years, R/o
   Near Gurudwara, P.S.-Sakti and District Janjgir-Champa (CG)
2. State of Chhattisgarh, Through: P.S.-Sakti and District -Janjgir Champa (CG)
                                                                    -----Respondents

15/11/2022 Ms Juhi Jaiswal, counsel for the applicant.

Mr.Sakti Singh, Panel Lawyer for the State/respondent No.2.

Heard on admission.

Admit.

Call for the records.

Issue notice to the respondents.

Mr.Sakti Singh accepts on behalf of respondent No.2.

Notice be issued to respondent No.1 by ordinary as well as by registered mode. PF be paid within 7 days. Notice be made returnable within six weeks.

Also heard on I.A.No.02/2022, application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment dated 18.8.2022 the Second Additional Sessions Judge, Sakti, District Janjgir- Champa in Criminal Appeal Nos.56/2018 & 63/2018 convicted the applicant for offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo R.I. for two years and fine of Rs.4,50,000/-, in default of payment of fine, to further undergo R.I. for six months. He has challenged the same in this criminal revision.

Ms Juhi Jaiswal, learned counsel for the applicant, would submit that entire compensation amount has already been deposited and conclusion of revison is likely to take sometime. She would further submit that wife of the applicant is suffering from serious ailment and the applicant is Government servant and working to the post of Lecturer. Therefore, she prays for allowing the application.

Per contra, Mr.Sakti Singh, learned Panel Lawyer for respondent No.2/State, would opposes the bail application.

Having considered the submission of learned counsel for the parties, considering the short sentence and also considering that compensation amount has already been deposited by the applicant as putforth by learned counel for the applicant, this Court is inclined to suspend the substantive jail sentence imposed on the applicant and released him on bail.

Accordingly, I.A.No.02/2022 is allowed. Execution of sentence imposed on the applicant shall remain suspended and he is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12 th December, 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, interval being not less than six months, till the disposal of this revision.

Certified copy as per rules.

Sd/-

(Deepak Kumar Tiwari) Judge

B/-