Anil Kumar Sahu vs Gopal Sahu
2022 Latest Caselaw 6059 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                         CRR No. 997 of 2022
        Anil Kumar Sahu, S/o Late Itwarilal Sahu, Aged About 44 Years, Resident of
         Near Sarkari Sulabh, Jorapara Raipur, District Raipur, Chhattisgarh.
                                                                          ---- Applicant
                                                   Versus
      1.

Gopal Sahu, S/o Sobha Ram Sahu, Aged About 38 Years, Resident of Purana Changorabhantha, Raipur, District- Raipur, Chhattisgarh.

2. The State of Chhattisgarh, Through- The District Magistrate, Raipur, District Raipur, Chhattisgarh. ---- Non-Applicants

28.09.2022 Shri Rajesh Tiwari, counsel for the applicant.

Heard.

Admit.

Issue notice to the non-applicants on payment of PF by ordinary as well as registered mode.

Shri Lalit Jangde, Dy. G.A. for the State accepts notice on behalf of Non-applicant No.2/State.

Call for record of the Courts below.

Also heard on I. A. No.1/2022 application for suspension of sentence and grant of bail to the applicant.

This criminal revision has been filed under Section 397 read with

Section 401 of CrPC against the judgment dated 19.09.2022 passed by 14th

Additional Sessions Judge, Raipur, District- Raipur (C.G.) in Criminal Appeal

No.142/2020 upholding the judgment dated 17.02.2020 passed by Judicial Magistrate First Class, Raipur in Case No.1669/2020 convicting and

sentencing the applicant as under:-

Conviction Sentence Under Section 138 of Negotiable SI for 6 months with fine of Rs. Instruments Act 3,00,000/- and in default in payment of fine amount, further SI for 3 months.

Learned counsel for the applicant submits that the applicant was on

bail during trial as well as during pendency of appeal, he never misused the

liberty granted to him, and the disposal of this revision is likely to take some

time and he is ready to deposit 50% of the fine i.e. 1.5 lacs, therefore, the

application I.A. No.1/2022 may be allowed and the applicant may be released

on bail.

On the other hand, learned counsel for the Non-applicant No.2/State opposes the bail application (IA. No.1/2022).

Considering the facts & circumstances of the case, the short

sentence of 6 months SI has been inflicted upon the applicant, the fact that

he was on bail during trial as well as during pendency of appeal, he never

misused the liberty granted by the Courts below and final disposal of this

revision is likely to take some time, he is ready to deposit 50% of the fine

i.e. Rs. 1,50,000/- without commenting anything on merits of the case, the

application (I.A. No.1/2022) is allowed subject to deposit of 50 % of fine

amount of Rs. 3,00,000/- i.e. Rs.1,50,000/- before the trial Court before

furnishing the bail bond.

It is directed that the execution of substantive jail sentence imposed upon 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 the sum of Rs.50,000/- 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

20.12.2022 and thereafter appear before the trial Court on a date to be

given by the Registry and thereafter continue to appear before the trial

Court on all such dates as are given to him by the said Court till disposal of

this criminal revision.

List the case for final hearing.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim