Jitendra Kumar Poddar vs Devnarayan Yadav
2022 Latest Caselaw 5829 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                     Criminal Revision No.940 of 2022

  •   Jitendra Kumar Poddar S/o Motilal Poddar, Aged About 35 Years,
      Resident Of Ghuddeva Pani Tanki Ke Pass Bankimongra, Tahsil
      Katghora, District- Korba, Chhattisgarh
                                                                 ---- Applicant
                                       Versus
  •   Devnarayan Yadav S/o Patiram Yadav, Aged About 60 Years, Resident
      Of Kudripara, Thana Bankimongra, Tahsil Katghora, District : Korba,
      Chhattisgarh
                                                            ---- Non-applicant



16/09/2022
                   Mr. Navneet Yadav, Advocate for the applicant.

                   Heard.

                   Admit.

                   Call for records of the Courts below.

                   On payment of process fee, issue notice to the respondent as

per rules.

Also heard on I.A. No.01/2022, an application for suspension of sentence and grant of bail and I.A. No.02/2022, an application for grant of stay of the compensation amount.

This Criminal Revision is filed by the applicant against the judgment dated 07.09.2022, passed in Criminal Appeal No.45/2021, by learned Special Judge, SC and ST (Prevention of Atrocities) Act, District- Korba, C.G., whereby the judgment passed by the learned trial Court dated 13.08.2021, in Criminal Case No.2629/2015, has been affirmed and applicant has been convicted in the following manner:-

Conviction Sentence

U/s. 138 of Negotiable Imprisonment for 03 months and Instruments Act. compensation amount Rs.1,62,800/-

was imposed.

It is submitted by the learned counsel for the applicant that during the trial as well as during the pendency of the appeal, the applicant was on bail. The final conclusion of this Criminal Revision would likely to take some time and applicant is ready to deposit 50% of the compensation amount before the learned trial Court. He prays that applicant may be enlarged on bail.

Per contra, learned counsel for the State opposes the application.

I have heard learned counsel for the parties and perused the records.

Considering the submissions made by learned counsel for the applicant, further considering the short sentence and that the applicant is ready to deposit 50% of the compensation amount, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, heard on I.A. No.01/2022, an application for suspension of sentence and grant of bail, is allowed

It is ordered that the sentence imposed upon the applicant shall remain suspended and he shall be released on bail, on condition that the applicant deposits 50% of the compensation amount before the trial Court, then on furnishing a personal bond in the sum of Rs.50,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28 th of November, 2022. He shall thereafter appear before the 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, till disposal of this criminal revision. The recovery of the remaining amount shall remain stayed till further orders.

List this case after service of notice.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge

Monika