Tarakdas Manikpuri vs Devendra Mahobiya
2025 Latest Caselaw 4381 Chatt

Chattisgarh High Court

Tarakdas Manikpuri vs Devendra Mahobiya on 11 September, 2025

                                          1




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRR No. 1118 of 2025

1 - Tarakdas Manikpuri S/o Manohar Das Manikpuri Aged About 38 Years R/o
Forest Department Office, Salhewara, District : Khairagarh-Chhuikhadan-
Gandai, Chhattisgarh
                                                                     ... Applicant
                                       Versus
1 - Devendra Mahobiya S/o Ramakant Mahobiya R/o Ward No. 7, Chhuikhadan,
Tahsil Chhuikhadan, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
                                                                    ... Respondent

Order Sheet

11/09/2025 Mr. Manohar Dewangan, Advocate for the Applicant.

Heard on admission.

Call for records of the Trial Court as also, Appellate Court.

Issue notice to the Respondent on payment of process fee, as per rules. Notice be made returnable within 03 weeks.

Also heard on I.A. No. 01/2025 which is an application for suspension of sentence and grant of bail to the applicant and stay of compensation amount.

By the impugned judgment of conviction and order of sentence dated 01.09.2025 (Annexure A/1) passed by the learned Additional Sessions Judge, Khairagarh, District - Khairagarh-Chhuikhadan-Gandai (C.G.) in Criminal Appeal No. 15/2023 arising out of judgment of conviction and

sentence dated 16.08.2023 (Annexure A/2) passed in Criminal Case No. 77/2022 passed by learned Judicial Magistrate First Class, Chhuikhadan, District - Khairagarh- Chhuikhadan-Gandai, (C.G.), has convicted and sentenced the Applicant as under:-

           Conviction                       Sentence
U/s      138    of    Negotiable S.I. for 1 year and fine of Rs.

Instruments Act, 1881. 2,10,000/-, in default S.I. for 04 months.

Learned counsel for the applicant submits that the applicant is ready to deposit Rs. 1,00,000/- as part of the compensation imposed upon him by the learned Magistrate and therefore, the substantive jail sentence awarded to the applicant be suspended and remaining part of the compensation be stayed.

I have heard learned counsel for the applicant. Taking into consideration the facts and circumstances of the case, short sentence awarded to the applicant and also that applicant as also, submission of counsel for the applicant that he is ready to deposit Rs. 1,00,000/- as part of compensation, I am of the opinion that, present is a fit case to suspend the substantive jail sentence imposed upon the appellant.

Accordingly I.A. No. 01/2025 is allowed. It is directed that the substantive jail sentence imposed upon the applicant by the learned Trial Court affirmed by the Appellate Court shall remain suspended during pendency of this Revision and he be released on bail upon his executing a bail bond of Rs. 25,000/- with one surety in the

like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 10.11.2025 (Monday). Thereafter, he shall appear before the concerned 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, interval being not less than 6 months, till final disposal of this Revision.

It is also directed that upon applicant's depositing Rs. 1,00,000/- before the concerned Trial Court, there shall be stay of the remaining amount of compensation as ordered by the Trial Court and affirmed by the Appellate Court till further orders.

Consequently, I.A. No. 01/2025 stands allowed.

List this case after 08 weeks.

Sd/- Sd/-

(Parth Prateem Sahu) Judge

SHUBHAM DEY

Dey