Smt. Kavita Barve vs Badri Prasad Mishra
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Chattisgarh High Court

Smt. Kavita Barve vs Badri Prasad Mishra on 13 February, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                          CRR No. 1298 of 2024

                       SMT. KAVITA BARVE versus BADRI PRASAD MISHRA
                                                Order Sheet


  13/02/2025                        Shri Awadh Tripathi, counsel for the applicant.
                                    None for the respondent.

Heard on I.A. No. 01, application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment dated 31.08.2024 passed by the Additional Sessions Judge, Special Judge of Special Court for trial of CBI cases, Raipur in Cr.A. No. 281/2019 the appellate court has upheld the judgment dated 29.04.2019 passed by the JMFC, Raipur in Complaint Case No. 684/2013 convicting the applicant under Section 138 of the Negotiable Instrument Act and sentencing her to undergo S.I. for 3 months with compensation of Rs. 2,50,000/- with default stipulations.

Contention of the counsel for the applicant is that the

SUGUNA by

DUBEY maximum sentence which has been awarded to the DUBEY Date: 2025.02.14 applicant is of three months whereas she is in jail since 17:32:38 +0530

15.10.2015. He further submits that the revision is likely to take much time for its final disposal and therefore she may

be released on bail.

On the other hand, counsel for the State opposes the application.

Considering the totality of the fact, in particular the short term sentence awarded to the applicant, without further commenting on merits I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the applicant subject to depositing of amount of Rs. 1,25,000/-. Accordingly, the application is allowed.

It is directed that the 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. 10, 000/- with one surety in like sum to the satisfaction of the trial Court for her appearance before the said court as and when directed, till the disposal of this revision.

It is made clear that the applicant would be entitled for benefit of this order subject to depositing 50% of the fine amount before the trial court within a period of one month from the date of receipt of copy of this order.

Sd/-

(Arvind Kumar Verma) Judge

suguna