Chattisgarh High Court
Amit Deshlahara vs Roshan Singh on 30 January, 2025
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 1263 of 2024
Amit Deshlahara S/o Shri Mohan Lal Deshlahara, Aged About 45 Years
R/o Near Pahnawa Butique And Rajasthani Kirana Store, Vidyut Nagar,
Police Station-Padnabhpur, Tahsil And District -Durg (C.G.)
... Applicant
versus
Roshan Singh S/o Shri O.P. Singh, Aged About 30 Years R/o Near
Hanuman Mandir, Deepak Nagar, Durg, Tahsil And District-Durg (C.G.)
---- Respondents
30/01/2025 Mr. Prabhat Saxena, Advocate for the appellant.
Mr. Jitendra Shrivastava, Advocate for the respondent.
Heard on I.A. No.2, application for suspension of sentence and
grant of bail to appellant.
By the impugned judgments (Annexure A-1 & A-2), the appellant
stands convicted and sentenced as under:-
Conviction Sentence
U/s 138 of Negotiable : Fine amount Rs.6,00,000/-, in
Instrument Act default of payment of fine, simple
imprisonment for 06 months.
Learned counsel for the appellant submits that appellant has been
falsely implicated in this case, he has not committed any offence as
alleged against him. The applicant has a good case in his favour. During
the proceeding before the trial Court, applicant was on bail and he never
missused the liberty granted to him. Case of the applicant falls under the
provision of Section 430(3) of BNSS, therefore, he may be granted the
benefit of said section. He further submits that applicant is ready to pay
the fine amount/compensation as imposed upon him by the Court
below. Conclusion of the revision may take time, hence, sentence
awarded to appellant may be suspended and he be enlarged on bail.
Learned counsel for the respondent opposing the bail application
of the applicant.
Heard counsel for the parties.
Perusal of impugned judgment/order would show that Court below
has imposed the compensation/fine of Rs.6,00,000/- upon the applicant,
however, till date he has not complied with the impugned order.
Considering facts of the case, submissions of counsel for the
parties, the fact that during the proceeding before the trial Court,
applicant was on bail and he never misused the liberty granted to him
earlier, further considering that applicant is ready to pay the fine
amount/compensation as imposed upon him by the Court below,
conclusion of the revision may take time, I am inclined to allow the
suspension application and release the appellant on bail on certain
conditions, (i). Firstly applicant shall surrender before the trial Court
concerned and pay the half of the fine amount ie Rs.3,00,000/- on the
same date; (ii). Applicant shall file affidavit before the trial Court
assuring that he will pay the remaining fine amount ie Rs.3,00,000/-
within next two months.
Accordingly, I.A. No.2, application for suspension of sentence and
grant of bail to appellant, is allowed. It is directed that on fulfilling the
above terms and condition, execution of substantive jail sentence
imposed on appellant shall remain suspended and he be released on
bail on his executing a personal bond for a sum Rs.10,000/- with one
surety for the like sum to the satisfaction of the Trial Court for his
appearance before the Registry of this Court on 25.03.2025. He shall
thereafter appear before the Trial Court on a date to be given by the
Registry of this Court and shall continue to appear there on all such
other subsequent dates as are given to him by the said Court, till
disposal of this appeal.
Certified copy, as per rules.
Sd/-
(Arvind Kumar Verma)
Judge
J/-
