Chattisgarh High Court
Ramesh Kumar Gupta vs State Of Chhattisgarh on 16 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 485 of 2025
1 - Ramesh Kumar Gupta S/o Late Padu Sao Aged About 66 Years (Wrongly
Mentioned As 50 Years) Occupation Agriculturist R/o Nagar Ramanujganj Police
Station Ramanujganj District - Balrampur - Ramanujganj (C.G.)
... applicant
versus
1 - State Of Chhattisgarh Through Police Station Ramanujganj District -
Balrampur - Ramanujganj (C.G.)
... Respondent(s)
Order Sheet
16/04/2025 Dr. N. K. Shukla, Sr. Advocate along with Mr. Shailendra
Shukla, learned counsel for the applicant.
Ms. Binu Sharma, Panel Lawyer for the Respondent/
State.
The Revision is admitted for hearing.
Call for the record of the trial Court as well as the appellate
Court.
Also heard on I.A. No. 1 of 2025, which is an application
for suspension of sentence and for grant of bail.
The applicant has challenged the impugned
judgment/order dated 07.04.2025, passed by Session Judge,
Balrampur-Ramanujganj, District Balrampur-Ramanujganj (C.G.)
in Criminal Appeal No. 55/2018 whereby the appeal preferred by
the applicant has been dismissed upholding the judgment of
conviction and sentence dated 14.11.2018 passed by Chief
Judicial Magistrate, Balrampur-Ramanujganj passed in Criminal
Case No. 97/2013, wherein the applicant has been convicted and
sentenced as under:-
S. No. Conviction Sentence
1. Under Section 420 read R.I. for three years and fine
with Section 34 of IPC of Rs. 500/-, in default of
payment of fine, further
undergo R.I. for one month.
Learned counsel for the applicant would submit that the
incident is of the year 2003 whereas the FIR has been lodged in
the year 2006 and in the FIR, the present applicant has not been
named. He has been made accused in the year 2017 while
invoking the powers under Section 319 of Cr.P.C. It is alleged that
total Rs. 6,51,624/- has been deposited in the bank account of
the applicant whereas the persons in whose names the cheques
were issued, have not been examined and the account of the
present applicant has also not been produced in the case. The
person who inquired the matter has died and therefore, no
opportunity of his cross-examination have been available to the
applicant during the trial yet the learned trial Court has convicted
him and sentenced. He would further submit that during the trial
as well as during the pendency of the appeal, the applicant was
on bail and has not misused the liberty granted him and presently
he is in jail since 07/04/2025. The revision is of the year 2025 and
it will take its own time for final adjudication, therefore, the
applicant may be enlarged on bail.
On the other hand, learned counsel for the State, opposes
the submissions made by learned counsel for the applicant.
Considering the submission made by learned counsel for
the parties, also considering the nature of allegation made
against the applicant; further considering that during trial and as
well as during appeal he was on bail and the total period of
sentence awarded to the applicant is of three years and further
the applicant is in jail since 7.4.2025 i.e. from passing of the
impugned judgment and the fact that final hearing of this revision
would take some long time, I deem it appropriate to allow the
application for suspension of sentence and grant of bail to the
applicant.
Accordingly, the substantive jail sentence awarded to
applicant- Ramesh Kumar Gupta by the learned trial Court is
hereby suspended.
He shall be released on bail his executing bail on his
furnishing a personal bond for a sum Rs. 25,000/- with one surety
in like sum to the satisfaction of the Trial Court for his appearance
before Registry of this Court on 18/06/2025. He shall thereafter,
appear before the concerned 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 appeal.
Consequently, I.A. No. 01/2025 stands disposed of.
List this case for final hearing along with CRR No.
475/2025, CRR 484/2025, CRR 477/2025.
Sd/-
(Ravindra Kumar Agrawal)
Judge
sagrika
SAGRIKA AGRAWAL
AGRAWAL Date:
2025.04.17
16:51:26 +0530
