Chattisgarh High Court
Manoj Gendre vs State Of Chhattisgarh on 8 May, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 584 of 2025
1 - Manoj Gendre S/o Shri Chhedulal Gendre, Aged About 32 Years, R/o Village
Kunrra, P.S. and Tahsil Nandghat, District Bemetara, Chhattisgarh.
... Applicant
versus
1 - State of Chhattisgarh Through S.H.O., P.S. Nandghat, District Bemetara,
Chhattisgarh.
... Non-applicant
08-05-2025 Mr. Rakesh Kumar Manikpuri and Mr. Anshit Singh Hora,
Advocates for the applicant.
Mr. Karan Kumar Baharani, P.L. for the respondent/State.
Heard on admission.
Admit.
Call for the record of the trial Court as well as appellate
Court.
Also heard on I.A. No. 01/2025, which is an application for
suspension of sentence and grant of bail.
This criminal revision has been filed being aggrieved by the
judgment dated 25-04-2025 passed by the learned Second
Additional Sessions Judge, Bemetara, District Bemetara (C.G.) in
Criminal Appeal No.65/2024 whereby the learned appellate Court
has partly allowed the appeal filed by the applicant against the
judgment dated 04-09-2024 passed in Criminal Case No.189/2019
by the Judicial Magistrate First Class, Bemetara, District Bemetara
and reduced the sentence of the appellant/applicant for the offence
punishable under Section 354 of the IPC from R.I. for 02 years to
R.I. for 01 year and enhanced the fine amount Rs.500/- to
Rs.2000/- and default sentence has also been altered from R.I. for
15 days to S.I. for 20 days.
Learned counsel for the applicant would submit that the total
period of sentence awarded to the applicant is of 1 year. During
the trial as well as pendency of the appeal he was on bail and he
has not misused the liberty. The applicant is presently in jail since
the date of passing of judgment of the appellate Court. The
present revision is of year 2025 and it will take its own time for final
adjudication. Therefore, the applicant may be enlarged on bail.
On the other hand, learned counsel for the State opposes.
Considering the submission made by the learned counsel
for the parties and the period of jail sentence awarded to the
applicant and the facts that the present criminal revision is of year
2025 and it will take its own time for final adjudication and that
during the trial and the pendency of appeal the applicant was on
bail, I am inclined to allow the application filed for suspension of
sentence and grant of bail.
Accordingly, I.A. No.1/2025, application for suspension of
sentence and grant of bail is allowed. It is directed that the
substantive jail sentence imposed upon the applicant shall remain
suspended during pendency of this criminal revision and he shall
be released on bail on his furnishing a personal bond in the sum of
Rs. 25,000/- with one surety in the like sum to the satisfaction of
the concerned trial Court for his appearance before the Registry of
this Court on 07-07-2025 and thereafter he shall appear before the
concerned trial Court on a date to be fixed 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 disposal of criminal
revision.
List this case for final hearing in due course.
Sd/-
(Ravindra Kumar Agrawal)
Judge
Aadil
