Manoj Sinha vs Gajendra Jain
2025 Latest Caselaw 274 Chatt

Chattisgarh High Court

Manoj Sinha vs Gajendra Jain on 1 July, 2025

                               1


                                                    Digitally signed
                                                    by SHUBHAM
                                        SHUBHAM     SINGH
                                        SINGH       RAGHUVANSHI
                                        RAGHUVANSHI
                                                    Date: 2025.07.01
                                                    16:22:28 +0530




                                                             NAFR

     HIGH COURT OF CHHATTISGARH AT BILASPUR


                    CRR No. 765 of 2025

Manoj Sinha Proprietor M/s P.S. Construction R/o L-12
Sector-2, Agrasen Nagar Ring Road No. 1, D.D. Nagar P.S. -
D.D. Nagar Raipur District- Raipur (C.G.)
                                                        ... Applicant
                            versus
Gajendra Jain S/o Late Sethmal Jain R/o Village- Kunkuri
Tahsil And P.S. - Kunkuri District- Jashpur (C.G.)
                                                     ... Respondent

Order Sheet 01.07.2025 Mr. Jitendra Nath Nande, Advocate for the Applicant.

Heard on admission.

Issue notice to the respondent by ordinary as well as registered mode. PF be paid within one week.

Also heard on IA No.01/2025, application for suspension of sentence and grant of bail.

Vide order dated 22.02.2021 passed by learned

Judicial Magistrate First Class, Kunkuri, District Jashpur, the applicant was sentenced to undergo RI for 6 months and to pay fine of Rs.1,000/- against which an appeal has been preferred by the applicant before learned 2nd Additional Sessions Judge Kunkuri, District Jashpur (C.G.) and vide judgment dated 20.05.2025, the learned Judge has partly affirmed the judgment dated 22.02.2021 passed by the learned JMFC and dismissed the appeal and sentenced the appellant to undergo RI for 3 months and to pay fine of Rs.2,000/-. Hence, this revision has been filed by the Applicant.

Learned counsel for the applicant submits that there is no material on record on the basis of which applicant's conviction can be sustained. During trial the applicant was on bail and he is in jail since 30.06.2025, therefore, the jail sentence of the applicant may be suspended till final disposal of the case and he may be enlarged on bail.

In compliance of order of this Court dated 26.06.2025, as per information given by learned Counsel appearing for the applicant, the applicant has surrendered before the Trial Court on 30.06.2025 and has deposited the remaining fine amount of Rs.1,000/-. In compliance of the judgment of the Appellate Court, he is lodged in jail

to undergo RI for 3 months.

Considering the facts and circumstances of the case, as also the judgment dated 22.02.2021 passed by learned Judicial Magistrate First Class which has been partly affirmed by the Appellate Court vide judgment dated 20.05.2025. Further considering that the applicant has surrendered on 30.06.2025, the cheque amount is of Rs. 5,01,000/-, at this stage, I am inclined to allow I.A. No.1/2025 subject to deposit 50% of the cheque amount by the applicant within a period of 60 days from today failing which this order shall lose its efficacy.

After due verification, the complainant would be at liberty to withdraw the amount deposited by the applicant with a condition to return the said amount whenever the Court directs.

The substantive jail sentence imposed upon the applicant shall remain suspended, and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- to the satisfaction of the trial Court for his appearance before the Registry of this Court on 11th August, 2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said

Court till disposal of this case.

Call for records of the trial Courts.

List this case after six weeks.

Accordingly, I.A. No. 01/2025 is disposed of.

Certified copy today.

Sd/-

                                 (Sanjay Kumar Jaiswal)
Shubham                                   Judge