Chattisgarh High Court
Vikas Kumar Agrawal vs State Of Chhattisgarh on 15 April, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 475 of 2025
1 - Vikas Kumar Agrawal S/o Motilal Agrawal Aged About 40 Years R/o
Nagar Ramanujganj, Police Station - Ramanujganj, District - Balrampur-
Ramanujganj (C.G.)
... applicant
versus
1 - State Of Chhattisgarh Through - Police Station - Ramchandrapur, District
- Balrampur-Ramanujganj (C.G.)
... Respondent
Order Sheet
15/04/2025
Mr. Manoj Paranjpe, learned counsel appearing for the
applicant.
Mr. Vivek Sharma, learned Additional Advocate
General appearing for the State / respondent .
The Revision is admitted for hearing.
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Call for the record of the trial Court as well as appellate
Court.
Also heard on I.A. No. 1 of 2025, which is an
application for suspension of sentence and for grant of bail.
The applicant has challenged the impugned judgment /
order dated 07.04.2025, passed by Session Judge,
Balrampur-Ramanujganj, District Balrampur-Ramanujganj
(C.G.) in Criminal Appeal No. 55/2018 whereby the appeal
preferred by the applicant has been dismissed upholding the
judgment of conviction and sentence dated 14.11.2018
passed by Chief Judicial Magistrate, Balrampur-Ramanujganj
passed in Criminal Case No. 97/2013, wherein the applicant
has been convicted and sentenced as under:
No. Conviction Sentence
1. Under Section 420 R.I. for 3 years and fine
read with Section 34 of 500/- in default of
of Indian Penal Code payment of fine amount,
to further undergo R.I.
for one month
Learned Counsel for the convict/applicant submits that
the applicant has been falsely implicated in the present case.
He submits that the allegation against the present applicant
is that in account of the applicant total Rs. 2,47,500/- has
been deposited, which was in the name of 9 different farmers
and it is alleged that he also in connivance of cheating. He
would also submit that the said amount was with respect to
the paddy purchased by Cooperative Societies of
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Kameshwar Nagar and Ramchandrapur. The applicant has
been arrested after about 10 years of registration of the FIR,
by invoking the provisions contained in Section 319 of
Cr.P.C.. He would further submit that the applicant was on
bail during trial as well as during appeal and had never
misused the liberty granted to him during bail period.
Presently he is in jail since 07.04.2025 i.e. from the passing
of the impugned judgment by the Appellate Court. The
revision is of the year 2025 and final adjudication of the same
will take its own time, hence it is prayed that the applicant be
enlarged on bail.
On the other hand, learned counsel for the
State/respondent has opposed the bail application.
I have heard learned counsel for the parties and
perused the records of the Courts below.
Considering the submission made by learned counsel
for the parties, also considering the nature of allegation made
against the applicant; further considering that during trial and
as well as during appeal he was on bail and the total period
of sentence awarded to the applicant is of three years and
further the applicant is in jail since 7.4.2025 i.e. from passing
of the impugned judgment and the fact that final hearing of
this revision would take some long time, I deem it appropriate
to allow the application for suspension of sentence and grant
of bail to the applicant.
Accordingly, the substantive jail sentence awarded
to applicant- Vikas Kumar Agrawal by the learned trial
Court is hereby suspended. He shall be released on bail his
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executing bail bond alongwith one surety of Rs. 25,000/- to
the satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on
18.06.2025. He shall thereafter 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 them by the said Court,
interval being not less than 6 months, till final disposal of
this revision. Consequently, I.A. No. 1 of 2025 stands
disposed of.
List this matter for final hearing in due course.
Certified copy, as per rules.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
Digitally
signed by
AMITA
DUBEY
Date:
2025.04.16
16:16:28
+0530amita