Chattisgarh High Court
Balmik Prasad vs Kanhaiya Dubey on 14 February, 2025
1/5
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1408 of 2024
1 - Balmik Prasad S/o Prem Pankika Aged About 50 Years R/o Ward No.4, Ekta Nagar,
Khongapani, Tahsil Manendragarh, District- Mahendragarh-Chirmiri-Bharatpur,
Chhattisgarh.
--- Applicant
versus
1 - Kanhaiya Dubey S/o Baijnath Dubey Aged About 48 Years R/o Ward No.3, Ekta
Nagar, Khongapani, Tahsil Manendragarh, District-Manendragarh-Chirmiri-Bharatpur,
Chhattisgarh.
--- Respondent(s)
CRR No. 1379 of 2024
1 - Balmik Prasad S/o Prem Panika Aged About 50 Years Resident Of Ward No. 4, Ekta
Nagar, Khongapani, Tahsil Manendragarh, District Manendragarh-Chirmiri-Bharatpur
(Chhattisgarh)
---Applicant
Versus
1 - Kanhaiya Dubey S/o Baijnath Dubey Aged About 48 Years Resident Of Ward No. 3,
Ekta Nagar, Khongapani, Tahsil Manendragarh, District Manendragarh-Chirmiri-
Bharatpur (Chhattisgarh)
--- Respondent(s)
Order Sheet
14/02/2025 Mr. Ishwar Jaiswal, Counsel for the applicant.
Heard on admission as well as I.A. No. 01/2025,
an application for suspension of sentence and grant of
bail under Section 438 of BNSS, 2023.
In CRR No. 1408/2024:
By the impugned judgment of conviction and
sentence dated 22.11.2024 passed by learned First
Additional Sessions Judge Manendragarh, District-
Manendragarh-Chirmiri-Bharatpur (C.G.) in Misc.
Criminal Case No. 14/2024 arising out of judgment of
conviction and sentence dated 19.10.2023 passed in
Complaint Case No. 267/2022 passed by Court of
learned Judicial Magistrate First Class, Manendragarh,
District- Korea whereby the appeal of the applicant has
been rejected on the ground that the appeal has been
filed after limitation of 30 days and sentenced the
applicant to undergo:
Sentence Conviction
U/s 138 of NI Act SI for 1 year and fine of
Rs. 1,20,000/-, in default
of payment of fine, further
SI for 3 months.
In CRR No. 1379 of 2024:
By the impugned judgment of conviction and
sentence dated 22.11.2024 passed by learned First
Additional Sessions Judge Manendragarh, District-
Manendragarh-Chirmiri-Bharatpur (C.G.) in Misc.
Criminal Case No. 13/2024 arising out of judgment of
conviction and sentence dated 19.10.2023 passed in
Complaint Case No. 03/2020 passed by Court of
learned Judicial Magistrate First Class, Manendragarh,
District- Korea whereby the appeal of the applicant has
been rejected on the ground that the appeal has been
filed after limitation of 30 days and sentenced the
applicant to undergo:
Sentence Conviction
U/s 138 of NI Act SI for 1 year and fine of
Rs. 4,30,000/-, in default
of payment of fine, further
SI for 3 months.
Learned Counsel for the Applicant contended that
the applicant has prima facie good case in his favor and
he is hopeful to succeed on it. The applicant is in jail
since 09.01.2024. The disposal of these Criminal
Revisions are likely to take long time. The applicant is
ready to abide all the terms and conditions which may
be imposed by this Hon'ble Court while suspending the
jail sentence of the applicant.
I have heard learned Counsel for the applicant
and perused the record with utmost circumspection.
Considering the totality of the facts, in particular
the short sentence awarded to the applicant and
considering that the applicant is in jail since 09.01.2024
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 in both the
Criminal Revisions.
Therefore, the accused shall deposit 25% of the
compensation amount, i.e., Rs. 1,20,000/- in CRR No.
1408 of 2024 and 25% of compensation amount, I,e,
Rs. 4,30,000/- in CRR No. 1379 of 2024 before the Trial
Court on that condition the remaining sentence
imposed upon the appellant shall remain suspended
during the pendency of these criminal revisions 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 and he shall
appear before the Registry of this Court on 11.03.2025.
Thereafter, he shall 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 Trial
Court, till final disposal of this appeal.
Consequently, I.A. No. 01/2025 in CRR No.
1408/2024 and I.A. No. 01/2025 in CRR No. 1379/2024
stands allowed.
Admit.
Since, the notice issued to the respondent is
awaited, therefore, issue fresh notice to the respondent,
on payment of P.F., as per rules.
Call for the records from the concerned Trial
Court.
List these cases for final hearing in due course.
Sd/-
(Arvind Kumar Verma)
JUDGE
Madhurima
