Mahadev Gupta vs The State Of Chhattisgarh
2025 Latest Caselaw 869 Chatt

Chattisgarh High Court

Mahadev Gupta vs The State Of Chhattisgarh on 31 July, 2025

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                                               Digitally
                                               signed by A
                                              ANNAJEE
                                      A       RAO
                                      ANNAJEE Date:
                                      RAO     2025.07.31
                                               17:07:37
                                               +0530




             HIGH COURT OF CHHATTISGARH AT BILASPUR

                           CRR No. 868 of 2025

         MAHADEV GUPTA versus THE STATE OF CHHATTISGARH

                              Order Sheet




31/07/2025

Mr. Parag Kotecha, counsel for the Applicant.

Mr. Sanjeev Pandey, Dy. A. G. for the State.

Heard on I.A.No.1 of 2025 which is an application

for suspension of sentence.

The applicant was convicted by the JMFC,

Manendragarh in Criminal Case No.229/2019 on

10.01.2024 for the offence punishable under sections 409

and 420 of IPC and sentenced to undergo RI for 03 - 03

years respectively and to pay a fine of Rs. 10,000/- on

each count with further default sentence. Against the said

order of JMFC, appeal was preferred and the learned 1 st

Addl. Sessions Judge Manendragarh, District Koriya by

order dated 11.07.2025 passed in Criminal Appeal

No.18/2024 (Mahdev Gupta Vs. State of Chhattisgarh)

affirmed the order of conviction and sentence of the

applicant.

Learned counsel for the applicant submits that the

applicant was working as Headmaster and during his

tenure he was convicted and the appellate court

suspended his conviction and sentence and by now he has

superannuated from service. He submits that the

maximum sentence imposed against the applicant is R.I.,

for 3 years and during trial he was on bail and did not

misuse the liberty granted to him and thereafter he is in

jail from the date of judgment of the appellate court i.e.,

11.07.2025 and the fine amount has already been

deposited. He further refers to para 18 of the appellate

court judgment and submits that the alleged amount of

embezzlement i.e., Rs.2,83,657/- was deposited by the

applicant on 21.01.2019. He submits that the hearing of

revision on merits is likely to take time, therefore, his jail

sentence may be suspended and he may be enlarged on

bail.

Per contra, learned State Counsel opposes the bail

application.

Considering the submissions made by learned

counsel for the applicant and looking to the short term of

sentence as also the fact that there is no immediate

possibility of hearing this revision on merits, I am

inclined to suspend substantive jail sentence of the

appellant and release him on bail during the pendency of

this revision.

Accordingly, I.A.No. 1/2025 is allowed and it is

directed that the execution of further substantive jail

sentence shall remain suspended and the applicant shall

be released on bail on his executing a personal bond in

sum of Rs.25,000/- with one surety in the like sum to the

satisfaction of the trial Court for his appearance before the

Registry of this Court on 17.10.2025. 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 subsequent dates as are given to him by the

said Court till the disposal of this revision.

Cc as per rules.

Sd/-

                                      (Sanjay Kumar Jaiswal)
Rao                                           Judge