Chattisgarh High Court
Mahendra Kumar Bareth vs State Of Chhattisgarh on 19 February, 2025
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 42 of 2025
Mahendra Kumar Bareth S/o Ganesh Ram Bareth Aged About 37
Years R/o Village- Behind Electricity Office, Parshuram Ward
Bhatapara, Thana- Bhatapara (City), Distt. Baloda Bazar-Bhatapara
(Chhattisgarh).
... Applicant
versus
State of Chhattisgarh Through District Magistrate, Baloda Bazar,
Distt. Baloda Bazaar-Bhatapara (Chhattisgarh).
---- Respondent
19/02/2025 Mr. Deepak Jain, Advocate for the applicant.
Mr. Karan Bahrani, PL for the State.
Case is listed for final hearing at motion stage.
On the last date of hearing, State was directed to file reply, but
till date reply has not been filed.
When case is taken up for hearing, learned State Counsel again
prays for further time for submission of reply.
Learned counsel for the applicant objected the above prayer
and would submit that out of three years of jail sentence, applicant
has already served more than two years of jail sentence, hence, his
suspension application which is pending for consideration be heard.
Heard on I.A. No.1, application for suspension of sentence and
grant of bail to applicant.
By the impugned judgment dated 24.12.2024, applicant stands
convicted as under:-
Conviction Sentence
U/s 409 of IPC : Simple imprisonment for 03 years &
fine of Rs.5,000/-, in default of
payment of fine, one month
additional SI.
U/s 420 of IPC : Simple imprisonment for 03 years.
Learned counsel for the applicant submits that applicant has
been falsely implicated in this case, he has not committed any offence
as alleged against him. During trial, applicant was on bail, but he has
not misused the liberty granted to him earlier. Out of three years of jail
sentence, applicant has already served more than two years of jail
sentence, he is not having any previous criminal antecedent. Revision
may take some time for final hearing, hence, looking to the detention
period of applicant, sentence awarded to him may be suspended and
he be enlarged on bail.
Learned State Counsel opposing the suspension application of
the applicant.
Heard counsel for the parties.
Considering facts of the case, nature of offence, submissions of
counsel for the parties, the fact that during trial applicant was on bail
and he never misused the liberty granted to him earlier, further
considering that applicant is not having any previous criminal
antecedent, detention period of applicant, revision may take some
time for final hearing, I am inclined to suspend the sentence and
release the applicant on bail.
Accordingly, I.A. No.1 is hereby allowed. It is directed that
execution of substantive jail sentences imposed on applicant shall
remain suspended and he be released on bail on his executing a
personal bond for a sum Rs.10,000/- with one surety for the like sum
to the satisfaction of the Trial Court for his appearance before the
Registry of this Court on 03.04.2025. 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 other subsequent
dates as are given to him by the said Court, till disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Kumar Verma)
Judge
J/-
