Rajkumar Rajwade vs State Of Chhattisgarh
2025 Latest Caselaw 3480 Chatt

Chattisgarh High Court

Rajkumar Rajwade vs State Of Chhattisgarh on 3 April, 2025

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                                                                                                 NAFR
                                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                      CRR No. 242 of 2025

                   1 - Rajkumar Rajwade S/o Late Ram Bharos Rajwade, Aged About 62 Years, R/o
                   Village- Bhathikuda, Chowki-Hardibazar, Thana Khushmunda Thasil Khatgodhra
                   District- Korba Chhattisgarh
                                                                                                ...Applicant
                                                           versus
                   1 - State of Chhattisgarh Through District Magistrate Korba, District- Korba, Chhattisgarh
                                                                                            ...Respondent

03-04-2025 Mr. Ghanshyam Patel, Advocate for the applicant.

Ms. Sunita Manikpuri, Deputy Govt. Advocate for the State/respondent.

Heard.

The criminal revision is admitted for hearing. Also heard on I.A.No.01/2025 for suspension of sentence and grant of bail to the applicant.

This criminal revision has been filed being aggrieved by the judgment dated 03-01-2025 passed in Criminal Appeal No.5/2022 by the learned Second Additional Sessions Judge, Katghora, District Korba (C.G.) whereby the judgment of conviction and order of sentence dated 09-12-2021 passed against the applicant by the learned Judicial Magistrate First Class, Katghora, District Korba in

Criminal Case No.1017/2014 has been affirmed wherein the applicant was convicted and sentenced in the following manner with a direction to run all the jail sentences concurrently:-

Conviction Sentence

1. U/s 420 of the IPC R.I. for 3 years and fine of Rs.2,000/-, in default of payment of fine, additional R.I. for 3 months,

2. U/s 467 of the IPC R.I. for 3 years and fine of Rs.2,000/-, in default of payment of fine, additional R.I. for 3 months,

3. U/s 468 of the IPC R.I. for 3 years and fine of Rs.2,000/-, in default of payment of fine, additional R.I. for 3 months,

4. U/s 471 of the IPC R.I. for 3 years and fine of Rs.2,000/-, in default of payment of fine, additional R.I. for 3 months,

Learned counsel for the applicant would submit that the maximum sentence awarded to the applicant is of three years. During the trial as well as during pendency of the appeal the applicant was on bail and he has not misused the liberty granted to him. After passing of the impugned judgment of the appellate Court he is in jail since 03-01-2025. The present criminal revision is of year 2025 and it will take its own time for final adjudication. Therefore, the applicant may be enlarged on bail.

On the other hand, learned counsel for the State opposes.

Considering the submission made by the learned counsel for the applicant and further considering the total period of jail sentence awarded to the applicant and the facts that during the trial as well as appeal the applicant was on bail and the present revision will take its own time for final adjudication, 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 8th of May, 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 record of the trial Court as well as the appellate Court have already been received.

List this case for final hearing in due course.

Sd/-

(Ravindra Kumar Agrawal) Judge

Aadil