Aadhar Das vs Munna Lal Sahu
2023 Latest Caselaw 693 Chatt

                                           1



              HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                             CRR No. 22 of 2023
  Aadhar Das, S/o Adhindas, Aged About 60 Years, R/o Gajra Basti,
   Bankimongra, Thana Bankimongra, Tahsil Katghora, District : Korba,
   Chhattisgarh.                                     ---- Applicant
                                     Versus
  Munna Lal Sahu, S/o Churaman Prasad, R/o Jangalsaid, Bankimongra,
   Tahsil Katghora, District : Korba, Chhattisgarh.       ---- Non-Applicant



02.02.2023

Shri Vikas Kumar Pandey, counsel for the applicant.

Shri Pramod Shrivastava, counsel for the non-applicant.

Heard on I. A. No.1 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 the Cr.P.C. against the judgment dated

27.12.2022 passed by Second Additional Sessions Judge,

Katghora, District - Korba, Chhattisgarh, in Criminal Appeal

No.24/2017, upholding the judgment dated 15.05.2017 passed by

Judicial Magistrate First Class, Katghora, District- Korba, in

Complaint Case No.1241/2016, convicting and sentencing the

applicant as under:-

Conviction Sentence

Under Section 420 of Indian Simple Imprisonment for 3 Penal Code years with fine of Rs.500/-

and in default of payment of fine, 3 months additional S. I.

Learned counsel for the applicant would submit that civil

litigation has been given colour of criminal case. He would further

submit that the applicant was on bail during trial as well as during

pendency of this revision and the both the parties have entered into

compromise, therefore, he prays for suspension of sentence and

grant of bail to the applicant.

On the other hand, learned counsel for the Non-applicant

submits that parties have settled their dispute out the Court

amicably and he has no objection, if the application (I.A. No.1) is

allowed.

I have heard learned counsel for the parties and perused the

record.

Considering the facts that the applicant was on bail during

trial as well pendency of this revision and both the parties have been

entered into compromise, consequently, I am inclined to allow the

application (I.A. No.1) for suspension of sentence and grant of bail.

Accordingly, application (I.A. No.1) is allowed.

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 concerned trial Court.

The applicant shall appear before the Registry of this Court on

27.04.2023 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 revision.

List the case for final hearing.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim