Vishwanath Chouhan vs Tuleshwar Chandra
2025 Latest Caselaw 1904 Chatt

Chattisgarh High Court

Vishwanath Chouhan vs Tuleshwar Chandra on 13 February, 2025

                                           1/3




           HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 CRR No. 214 of 2025


1 - Vishwanath Chouhan S/o Markam Chouhan Aged About 42 Years R/o Village- Ward
No. 2, Jaijaipur, Police Station Jaijaipur, District- Janjgir- Champa, Chhattisgarh.
                                                                      ... Applicant


                                          versus


1 - Tuleshwar Chandra S/o Labho Prasad Chandra Aged About 31 Years R/o Village-
Baheradih, Police Station Jaijaipur, District- Janjgir- Champa, Chhattisgarh.
                                                                     ... Respondent(s)

Order Sheet

13/02/2025 Mr. Basant Dewangan, Counsel for the applicant.

Heard on I.A. No. 01/2025 an application for suspension of sentence and grant of bail under Section 430 of BNSS, 2023.

Being aggrieved by the impugned judgment dated 05.02.2025 passed in Criminal Appeal No. 24/2022 by learned Second Additional Sessions Judge, Janjgir- Champa (C.G.) arising out of the judgment of conviction

dated 28.03.2021 passed in Criminal Case No. 143/2021, the learned Second Additional Sessions Judge, Janjgir-Champa (C.G.) has convicted the accused as under:

        Conviction                     Sentence
U/s 138 of NI Act             Imprisonment for 1 year
                              and       payment           of
                              compensation       of      Rs.
                              4,90,000/-

Learned counsel for the applicant contended that the applicant is having a good case and is likely to succeed. He further contended that the applicant was on bail during the trial and during the pendency of the appeal and has not misused the liberty of bail granted by this Court Also, the applicant is in jail since 05.02.2025.

Looking to the facts and circumstances of the case, particularly the short sentence awarded by the Trial Court and affirmed by the Appellate Court, I am of the opinion that it will be proper to release the applicant on bail during the pendency of this criminal revision.

Therefore, the accused shall deposit 50% of the compensation amount before the Trial Court on that condition the remaining sentence imposed upon the appellant shall remain suspended during the pendency of this criminal revision and he shall be released on bail

on executing a bail bond of Rs. 10,000/- with two sureties for the like sum to the satisfaction of the concerned Trial Court.

Accordingly, I.A. No. 01/2025 an application for suspension of sentence and grant of bail under the Section 430 of BNSS, 2023 stands allowed.

List this case for final hearing in its due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima