Yogiraj Sinha vs State Of Chhattisgarh
2022 Latest Caselaw 7050 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                             CRR No. 1180 of 2022
• Yogiraj Sinha S/o Shri Madhoram Sinha Aged About 34 Years Proprietor Of Sai
  Krishi Kendra Gram Siloti, Permanent Resident Of Gram Tarsinva, The. And District
  Dhamtari, Chhattisgarh                                            --- Applicant.
                                     Versus
1. State Of Chhattisgarh Through District Magistrate, Dhamtari, District Dhamtari,
   Chhattisgarh
2. Manas Krishi Kendra Through Its Proprietor Lalit Kumar Sinha, S/o Shri Lokeshwar
   Sinha, Aged About 36 Years, R/o Near Batena Chowk, Dhamtari, District Dhamtari,
   Chhattisgarh                                                    --- Respondents

23.11.2022 Mr. Pragalbha Sharma, Counsel for the applicant.

Mr. Lalit Jagnde, Dy. GA for the respondent/State.

Heard on admission.

Admit.

Call for the record of the Court below.

1. Also Heard on IA No.01/2022, application for suspension of sentence and grant of bail,

2. The criminal revision has been filed by the accused/applicant against the judgment of conviction and order of sentence dated 31.10.2022 passed by the learned Addl. Sessions Judge, Dhamtari in Criminal Appeal No.24/2019 whereby he was convicted for offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo SI for 6 months and also directed him to pay fine/compensation amount of Rs.5,80,000/-.

3. Learned counsel for the applicant submits that applicant has been falsely implicated in the crime in question and he has been convicted by recording a finding, which is perverse to the record. He also submits that the applicant has deposited 20 % of the total compensation amount payable to the complainant. He further submits that the applicant has been awarded with short sentence and now if this Court inclined to grant bail, he will abide by all the terms and conditions imposed on him while granting bail.

4. Per contra, learned State counsel opposes the submission of counsel for the applicant.

5. Having considered the submission of learned counsel for the parties and considering facts and circumstances of the case, particularly, considering the short period of jail sentence awarded to the applicant and considering the submission of the counsel for the applicant that he has deposited 20 % of the compensation amount, I am inclined to suspend the substantive jail sentence imposed on the applicant and release him on bail.

6. Accordingly, IA No.1/2021 is allowed. Execution of jail sentence imposed on the applicant shall remain suspended and he is directed to be released on bail on furnishing a personal bond for a sum of Rs.1,00,000/- (one lac) with one surety of the same amount for his appearance before the concerned trial Court on 12th December, 2022. He shall thereafter 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.

Post the matter for final hearing.

Sd/-

(Deepak Kumar Tiwari) Judge

Ajay