Chattisgarh High Court
Jawahar Lal Sahu vs Manoj Kumar Dubey on 9 May, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 589 of 2025
1 - Jawahar Lal Sahu S/o Chhedilal Sahu Aged About 52 Years R/o Sarvmangla
Nagar Durpa, Ward No. 54, Thana- Kusmunda, Distt- Korba (C.G.) (Accused)
... Petitioner(s)
versus
1 - Manoj Kumar Dubey S/o Rudra Narayan Dubey Aged About 36 Years R/o
Village- Chhurikala, Indira Chauk, Tahsil- Katghora, Distt.- Korba (C.G.)
... Respondent(s)
Order Sheet
09/05/2025 Mr. Samir Singh, learned counsel for the applicant.
The revision is admitted for hearing.
Call for the record of the trial Court as well as appellate
Court.
Issue notice to the respondent on payment of process fee
as per rules.
Also heard on I.A. No. 01/2025, which is an application for
suspension of sentence and compensation.
Learned counsel for the applicant would submit that the
petitioner has been convicted for the offence under Section 138
of the Negotiable Instruments Act, and sentenced for simple
imprisonment for 06 months with compensation of Rs. 2,70,000/-
and in default thereof simple imprisonment for 03 months. During
trial as well as during pendency of the appeal the petitioner was
on bail and has not misused the liberty, however, he is in jail
since 30.04.2025, which is the date of passing of the judgment
by the appellate Court. He would submit that the revision is of
the year 2025 and will take its own time for final adjudication
there are triable issue involved in the revision, therefore, the
applicant may be released on bail.
Considering the submission made by learned counsel for
the applicant, the period of sentence awarded to him and also
that during trial as well as appeal he was on bail and at present
he is in jail since 30.04.2025, the final adjudication of the revision
will take its own time, I am inclined to release the applicant on
bail.
Accordingly, I.A. No. 01/2025, application for suspension
of sentence and grant of bail, is allowed and it is directed that
execution of further substantive jail sentence of the applicant
shall remain suspended and he shall be released on bail on
executing personal bond in sum of Rs. 25,000/- with one surety
in the like sum to the satisfaction of trial Court for his appearance
before the Registry of this Court on 17.07.2025. Thereafter, he
shall appear before the trial Court on a date to be given by the
Registry of this Court and shall continue to appear before the
trial Court on all such subsequent dates as are given to him by
the said court till the disposal of this revision.
The applicant is directed to deposit the entire amount of
compensation within 01 month from today before the learned
trial Court, if he fails to deposit the entire amount of
compensation within stipulated time, the learned trial Court shall
initiate the recovery proceedings in accordance with law.
List this case after service of notice upon the respondent.
Sd/-
(Ravindra Kumar Agrawal)
Judge
Alok
SHARMA
ALOK Date:
SHARMA 2025.05.12
18:31:29
+0530
