Chattisgarh High Court
Jagat Raj Patel vs State Of Chhattisgarh on 27 February, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 375 of 2025
Jagat Raj Patel S/o Shri Mangal Prasad Patel Aged About 68 Years Post- Executive Engineer,
M.P. Electricity Board, Jagdalpur (C.G.), Permanent Address- Village Rampura, P.S.- Ajnar,
Tahsil- Kulpahad, Distt. Mahoba (U.P.), Current Address- Villa No. 17, Salasar Greens, Sarona
Off Ring Road 1, Distt. Raipur (C.G.) 492099.
...Appellant
versus
State Of Chhattisgarh Through Anti-Corruption Bureau, Raipur, Unit- Jagdalpur, Distt. Bastar
(C.G.)
... Respondent
27.02.2025 Mr. Kishore Bhaduri, Senior Advocate appears along with
Mr. Nirnay Gupta, Counsel for the Appellant.
Mr. Neeraj Sharma, Deputy Advocate General for the
State.
Heard on I.A. No. 01/2025, an application under Section
430 of BNSS, 2023 (Erstwhile Section 389(1) of the Code of
Criminal Procedure, 1973) for suspension of sentence and grant
of bail.
By virtue of the impugned judgment of conviction and order
of sentence dated 29.01.2025 passed by learned court of Special
Judge, Prevention of Corruption Act, 1988 and the first Additional
Sessions judge, Bastar, Jagdalpur (C.G.) in Corruption Special
Case No. 02/2010, CIS No. 20/2010 , whereby appellant has
been convicted and sentenced as under:
Conviction Sentence
Under Section 13(2) read 03 years RI and fine of Rs.
with Section 13(1)(E) of 10,000/- in default of payment
P.C. Act of fine, additional 03 months
R.I.
Learned Counsel appearing for the appellant contended
that the appellant has a prima facie good case in his favor and he
is hopeful to succeed on it. He contended that the incident
pertains to the year 1985 -2000 and the appellant has attained
the advance age of 68 years. The disposal of this Criminal appeal
is likely to take long time. The appellant is ready to abide all the
terms and conditions which may be imposed by this Hon'ble
Court while suspending the jail sentence of the appellant.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused appellant which connects
them with the crime and chain of circumstances are fully linked
and completed with each other.
I have heard learned counsel for the parties and perused
the record with utmost circumspection.
Considering the totality of the facts specially the advance
age of the appellant i.e. 68 years at present and the incident that
pertains to the period of 1985 to 2000 and in particular that the
appellant was acquitted by the trial court on the ground of law of
valid sanction under Section 19 of the PC Act then one MCC was
filed before this High Court and thereafter passing of the order
again a fresh sanction was obtained by the prosecution and the
period of detention without further commenting on merits, I am of
the opinion that present is a fit case to suspend the jail sentence
imposed upon the appellant.
Accordingly, the substantive jail sentence imposed upon
the appellant by the learned trial court is hereby suspended. The
appellant by the learned trial court is hereby suspended. The
appellant shall be released on bail on his executing a bail bond of
Rs.10,000/- 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 12.03.2025. 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 Trial Court, till
the final disposal of this appeal.
Consequently, IA No. 01/2025 stands allowed.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
