Akhilesh Swaroop Sharma vs Budeshwar Gendre
2022 Latest Caselaw 6106 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                        CRR No. 1007 of 2022
        Akhilesh Swaroop Sharma, S/o Sugreev Prasad Sharma, Aged About 51
         Years, R/o Shop No. 435, C Market, Sector 6 Bhilai Nager, Tahsil Durg,
         District : Durg, Chhattisgarh.                        ---- Applicant
                                                   Versus
        Budeshwar Gendre, S/o Santosh Kumar, R/o Indirapara, Bhilai 3, District :
         Durg, Chhattisgarh.                                          ---- Non-Applicant



29.09.2022

Shri B.P. Singh, counsel for the applicant.

Heard.

Admit.

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 20.09.2022 passed by

Sessions Judge, Durg, District- Durg (C.G.) in Criminal Appeal No.115/2022

partly allowed and modified the judgment dated 20.07.2022 passed by

Judicial Magistrate First Class, Durg, District- Durg (C.G.) in Case No.

121/2016 convicting and sentencing the applicant as under:-

             Conviction                              Sentence
             U/s. 138 of N.I. Act                     SI for 6 months with penalty amount
                                                     of Rs. 1,20,000/- and default of fine
                                          additional 3 months SI.

Learned counsel for the applicant submits that the maximum sentence

awarded to the applicant is 6 months SI, he has already paid Rs. 24,000/- to

the complainant and he is ready to deposit Rs. 36,000/-, he was on bail

during trial as well as during dendency of appeal and final disposal of this

revision is likely to take some time, therefore, the applicant may be released

on bail.

On the other hand, learned counsel for the Non-applicant/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 imposed upon the applicant, he has

already paid Rs. 24,000/- and he is ready to deposit Rs. 36,000/-; final

disposal of this revision is likely to take some time, without commenting

anything on merits of the case, the application (I.A. No.1/2022) is allowed

subject to deposit Rs. 36,000/-.

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