Chattisgarh High Court
Ramkumar vs Babbu Prasad Parewa on 29 May, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1375 of 2024
Ramkumar S/o Amarsai, Aged About 46 Years Resident Of Quarter No.
266, Kapildhara Colony, 56 Dafai Bijuri, Police Station Bijuri, District-
Anuppur (M.P.)
... Applicant
versus
Babbu Prasad Parewa S/o Late Lalmani Panika, Aged About 52 Years R/o
Ward No. 11, Dafai No.4, Jhagrakhand, District-Manendragarh-Chirmiri-
Bharatpur (C.G.)
... Respondent(s)
Order on Board
29/05/2025 Mr. Ishwar Jaiswal, counsel for the applicant.
Mr. Ramsajiwan, counsel for respondent.
Heard on I.A. No.1, which is an application U/s. 438 (1) of
Bhartiya Nagrik Suraksha Sanhita for suspension of sentence
and stay of compensation amount.
Applicant has been convicted by the judgment of
conviction and order of sentence dated 23.10.2024, passed in
Criminal Appeal No.103/2023 by the learned First Additional
Digitally Sessions Judge, Manendragarh (C.G.) for offence punishable
BALRAM signed by
PRASAD BALRAM
DEWANGAN PRASAD
DEWANGAN U/s. 138 of the Negotiable Instrument Act and sentenced to
undergo simple imprisonment for 1 year and fine of
Rs.2,40,000/- and in default of payment of fine, further S.I. for 3
months separately.
Learned counsel for the applicant submits that earlier on
the date of filing of revision, applicant has not surrendered
before the trial Court, therefore, the application for suspension
of sentence and stay of compensation amount could not be
heard. The applicant was arrested and produced before the
Magistrate on 20.05.2025 and since then he is in jail. It is also
submitted that applicant has already deposited Rs.40,000/-
towards part of fine/compensation amount before the trial Court
and will further deposit some more amount and after the release
on bail he will make arrangement for deposit of the balance
amount before the trial Court.
Learned counsel for the respondent do not oppose the
submission of learned counsel for applicant with respect to
deposit of Rs.40,000/- before the trial Court. He also submits
that he is having no objection if the applicant is enlarged on bail
subject to deposit of compensation amount as stated before this
Court.
Considering the facts and circumstances of the case and
the submission of learned counsel for applicant, the nature of
the period of sentence and the fact that the applicant was on
bail during appellate stage, and the revision may take some
time for hearing, I find that it is a fit case to suspend the
sentence and release the applicant on bail.
Accordingly, I.A. No.1, application U/s. 438 (1) of Bhartiya
Nagrik Suraksha Sanhita for suspension of sentence and stay
of compensation amount, is allowed.
It is directed that on applicant's depositing further sum of
Rs.80,000/- before the trial Court, the execution of substantive
jail sentence imposed on applicant shall remain suspended and
recovery of the rest of the fine amount shall also remain stayed
and applicant is directed to be released on bail on his executing
a personal bond for a sum Rs.25,000/- with one surety for the
like sum to the satisfaction of the trial Court for his appearance
before the Registry of this Court on 25th July, 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 subsequent dates as are given to him by the said Court,
till the disposal of this revision.
Certified copy as per rules.
Accordingly, I.A. No.3, application for urgent hearing and
I.A. No.4, application for hearing the case during summer
vacation stands dispsed of.
Sd/-
(Parth Prateem Sahu)
Judge
Balram
