Ravi Kumar Sao vs Kailash Sao
2025 Latest Caselaw 2377 Chatt

Chattisgarh High Court

Ravi Kumar Sao vs Kailash Sao on 10 March, 2025

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                             HIGH COURT OF CHHATTISGARH AT BILASPUR
         Digitally
         signed by
         VAISHALI
VAISHALI LUCKY
LUCKY    NAGARIA
NAGARIA Date:                              CRR No. 326 of 2025
         2025.03.11
         16:17:21
         +0530
                      •    Ravi Kumar Sao S/o Paras Sao Aged About 29 Years R/o Lal
                           Bahadur, Near Aata Chakki, Ward No. 19, Camp - 01, Bhilai,
                           Tahsil And District Durg Chhattisgarh.
                                                                                   ... Applicant
                                                      versus
                       •   Kailash Sao S/o Kedar Sao Aged About 30 Years R/o Lal
                           Bahadur, Near Aata Chakki, Ward No. 19, Camp - 01, Bhilai,
                           Tahsil And District Durg Chhattisgarh.
                                                                                   ... Respondent

Order on Board

10/03/2025 Mr. Pawan Kumar Kashyap, Advocate for the

applicant.

None for the respondent.

Heard on application for exemption to

deposit the fine amount of Rs. 1,30,000/- as well

as application for suspension of sentence and

grant of bail.

By the impugned judgment dated

24.01.2025 passed by the learned Second Upper

Sessions Judge, Durg (C.G.) in criminal appeal

No.184/2024 (C.G.) whereby the

accused/applicant stands convicted and

sentenced as under:

Offence Sentence U/s 138 of IPC R.I. for 3 months and

fine of Rs. 1,30,000/- in

default of payment of

fine further R.I. for 3

months The sentence is ordered to run concurrently.

Prosecution story in brief is that

complainant was well knows and good

relationship with the applicant due to this the

complainant has given amount of Rs.1,30,000/-

as borrower to the applicant and on account of

said amount, applicant was issued cheque

No.000706 dated 22.02.2019 mentioning amount

of Rs.1,00,000/- of ICICI Bank, Branch Nehru

Nagar (East) Bhilai, District - Durg in favour of

the complainant for payment.

Learned counsel for the applicant submits

that applicant has been falsely implicated in this

case, he has not committed any offence as alleged

against him. Maximum jail sentence awarded to

appellant is 3 months. During that appellant was

on bail and he has not misused the liberty granted

earlier. He further submits that the bank witness

has failed to prove the case and submitted above

documents but learned appellate court has not

considered the same while passing order which is

against the law. Appeal may take some time for

final hearing, hence, sentence awarded to

appellant may be suspended and he may be

enlarge on bail.

Learned State counsel opposing the

submission of counsel for the appellant.

Heard learned counsel for the parties.

Considering the facts and circumstances of

the case, submissions of counsel for the parties,

maximum period of jail sentence awarded to

applicant, further the fact that during trial,

applicant was on bail and he has not misused the

liberty granted to him earlier, appeal may take

some time for final hearing, I am of the view that

present is a fit case to suspend sentence and

release the appellant on bail.

Accordingly, the applicant shall be released

on bail on furnishing 50% of fine amount imposed

by the learned trial Court. The I.A.01 of 2025, an

application for exemption to deposit the fine

amount of Rs.1,30,000/- is partly allowed and

I.A. No.02, application for suspension of sentence

and grant of bail to appellant is allowed.

It is directed that execution of substantive

jail sentences imposed on applicant 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 his Court on 22.04.2025. 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

vaishali