Ajay Bandhe vs State Of Chhattisgarh
2025 Latest Caselaw 2515 Chatt

Chattisgarh High Court

Ajay Bandhe vs State Of Chhattisgarh on 19 March, 2025

                                                            1




                                  HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                  CRR No. 363 of 2025
            Digitally signed by
GOURI    GOURI MUDALIAR
MUDALIAR Date: 2025.03.20
         14:03:13 +0530




                      Ajay Bandhe S/o Hemlal Bandhe Aged About 26 Years R/o Village
                      Nayapara       Achharideeh,      Police      Station    Tumgaon,    District
                      Mahasamund (C.G.)
                                                                                ... Applicant


                                                          versus
                      State Of Chhattisgarh Through Station House Officer, Police Station
                      Mahasamund, District Mahasamund (C.G.)
                                                                              ... Respondent

Order Sheet

19/03/2025 Mr. Raghvendra Pradhan, counsel for the applicant.

Mr. Neeraj Sharma, Dy.A.G for the State. Heard on I.A. No.02 application for condonation of delay of 79 days in filing the criminal revision.

Having considered the reasons stated in the application, which is supported by an affidavit, I deem it proper to condone the delay of 79 days in filing the criminal revision.

Accordingly, I.A. No.02 is allowed and delay of 79 days in filing the criminal revision is condoned.

Heard on admission.

Admit.

Call for the records.

Also heard on I.A. No.1 application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment dated 29.08.2024 passed by the learned Second Additional Sessions Judge, Mahasamund (C.G.) in Criminal Appeal No. H-29/2024, the applicant stands convicted, as under:-

Conviction                    Sentence
U/s 120-B of IPC              RI for 5 years and fine
                              amount     of   Rs.500/-,   in
                              default of payment of fine
                              amount, additional RI for 1
                              month.
U/s 392 of IPC                RI for 5 years and fine
                              amount     of   Rs.500/-,   in
                              default of payment of fine
                              amount, additional RI for 1
                              month.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case. He would further submit that the applicant has suffered about 02 years 02 months of jail

sentence and there is no likelihood of the criminal revision coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the applicant may be released on bail.

Learned State counsel opposes the bail application and submits that there is clinching evidence against the applicant regarding commission of offence, therefore, the applicant is not entitled for grant of bail.

Considering the fact that the applicant has already suffered about about 02 years 02 months of jail sentence out of total jail sentence i.e. 05 years awarded to him and also considering the fact that the criminal revision being of the year 2025, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the applicant and release him on bail.

Accordingly, 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 his executing a 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 29 th April, 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 criminal

revision.

List this criminal revision along with CRR No.1095/2024 on 4th April, 2025.

Sd/-

(Arvind Kumar Verma) Judge

gouri