Chattisgarh High Court
Sanjay Badhai vs State Of Chhattisgarh on 13 January, 2025
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 601 of 2024
Sanjay Badhai S/o Japolal Badhai, Aged About 45 Years By Occupation
Service, R/o Village Ravanbata Para Pithora, District Mahsamund
Chhattisgarh.
...Applicant
versus
State of Chhattisgarh Through District Magistrate, Mahasamund District
Mahasamund Chhattisgarh.
---- Respondent
13/01/2025 Mr. Manaynath Thakur, Advocate for the applicant.
Mr. Neeraj Sharma, Dy. AG for the State.
Heard on I.A. No.1, application for suspension of sentence and grant of
bail to applicant.
This criminal revision has been filed being aggrieved by the judgment
dated 24.05.2024 (Annexure A-1) passed by the learned 1 st Additional
Sessions Judge, Mahasamund, District - Mahasamund (C.G.) in Criminal
Appeal No.03/2021 upholding the order/judgment dated 14.12.2020
(Annexure A-2) passed by learned Judicial Magistrate First Class - Pithora,
District - Mahasamund (C.G.) in Criminal Case No.340/2014, whereby the
applicant has been convicted and sentenced in the following manner:
Conviction Sentence
U/s 420/34 of IPC : Rigorous imprisonment for 2 years &
fine of amount Rs.500/-, in default of
payment of fine further 03 months
additional RI.
U/s 467/34 of IPC RI for 02 years & fine of amount
Rs.500/-, in default of payment of fine
further 03 months additional RI.
U/s 409/34 of IPC RI for 1 year & fine of amount
Rs.500/-, in default of payment of fine
further 03 months additional RI.
U/s 468/34 of IPC RI for 1 year & fine of amount
Rs.500/-, in default of payment of fine
further 03 months additional RI.
U/s. 471/34 of IPC RI for 1 year & fine of amount
Rs.500/-, in default of payment of fine
further 03 months additional RI.
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. Maximum jail sentence awarded to applicant is of two years.
There are may contradictions and omissions in the statements of prosecution
witnesses. Co-accused persons have already been enlarged on bail by Co-
ordinate Bench of this Court in CRR Nos.555/2024 & 632/2024. There is no
any other criminal antecedent registered against the applicant. Final hearing
of this case may take time, hence, sentence awarded to applicant may be
suspended and he be enlarged on bail.
Learned counsel for the applicant also submits that in compliance of
order of this Court, applicant/accused has already surrendered before the
concerned trial Court.
Learned State Counsel opposing the submission of counsel for the
applicant, would submit that as per evidence available on record, applicant is
not entitled for grant of bail.
Heard counsel for the parties.
Considering facts of the case, submissions of counsel for the parties,
maximum period of jail sentence awarded to applicant, the fact that other co-
accused persons have already granted bail by Co-ordinate Bench of this Court
in CRR Nos.555/2024 & 632/2024, further considering that applicant is not
having any previous antecedents, conclusion of this case may take time, I am
of the view that present is a fit case to suspend sentence and release the
applicant on bail.
Accordingly, I.A. No.1, application for suspension of sentence and grant
of bail to applicant is 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.25,000/- with one
surety for the like sum to the satisfaction of the Trial Court for his appearance
before the Registry of this Court on 18.02.2025. 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 alongwith other connected cases.
Certified copy, as per rules.
Sd/-
(Arvind Kumar Verma)
Judge
J/-
