Citation : 2025 Latest Caselaw 249 Chatt
Judgement Date : 15 May, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 631 of 2025
MANOJ SINGH THAKUR versus STATE OF CHHATTISGARH
Order Sheet
15/05/2025
Shri Maneesh Sharma, counsel for the appellant/s.
Shri U.K.S.Chandel, Dy.G.A. for the State. Heard on IA No. 01/2025, application for suspension of sentence and for grant of bail.
The appellant has been convicted by the learned Special Judge (Prevention of Corruption) Act, 1988, and 8 th Additional Sessions Judge, Raipur (CG) in Special Sessions Case No.02/2018 vide impugned judgment of conviction and order of sentence dated 18/03/2025 for the offence punishable under Section 13 (1) (e) R/w Section 13 (2) of the Act of 1988 and sentenced to undergo R.I. for 5 years and fine of Rs.1,00,000/- (in default of payment of fine, 1 year additional R.I.). The appellant has challenged the same in this appeal.
Prosecution case in brief is that the appellant is alleged
to have possessed of disproportionate property compared to his own income.
Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He contended that the appellant has remained in jail from 23/02/2018 to 14/02/2020 i.e. about 2 years, however, he was subsequently granted bail and thereafter, till completion of trial, he was on bail. He submits that at present, he is in jail since 18/03/2025. Therefore, it is prayed that the substantive jail sentence may be suspended and bail may be granted to the appellant.
On the other hand, learned State counsel opposes the bail application.
Taking into consideration the submission of learned counsel for the appellant and considering the entire facts and circumstances of the case, particularly that the learned trial Court has awarded 5 years of R.I. and the appellant remained in jail for about 2 years, 1 month and 15 days and that hearing of the case will take some more time, I am inclined to suspend the jail sentence and grant bail to the appellant.
Accordingly, I.A.No.1/2025 is allowed. The substantive jail sentence awarded to the appellant is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one surety for the like amount to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 11th of July, 2025. He shall thereafter appear before the trial Court on the dates given by the Registry of this Court and shall continue to appear there on all such other subsequent dates as and when
given to him by the trial Court till disposal of this appeal.
I.A.No.3/25, application for urgent hearing and I.A.No.2/25, application for hearing the case during summer holidays are accordingly disposed of.
List the matter for final hearing.
Certified copy as per rules.
Sd/-
(Arvind Kumar Verma) JUDGE
Deepti
Digitally signed by DEEPTI DEEPTI HARIKUMAR HARIKUMAR Date:
2025.05.16 10:55:19 +0530
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