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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1641 of 2021
Dayaluram Yadav, S/o Late Jeevrakhan Lal Yadav, Aged About 50 Years, R/o
Gurami, Police Station Doundilohara, District- Balod, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh, Through- The Station House Officer, Police Station
Doundilohara, District Balod, Chhattisgarh. ---- Respondent
16.12.2021 Shri Sanjeev Kumar Sahu, counsel for the appellant.
Shri Adil Minhaj, Government Advocate for the State. Heard on admission.
This appeal is admitted for hearing.
Call for record of the Court below.
Also heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.
The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 24.11.2021 passed in Special Session Case(Electricity) No.54/2019, by the Special Judge, under Electricity Act, Balod, District- Balod (C.G.) as under:-
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Conviction Sentence
Under Section 304-A of R.I. for 2 years with fine
IPC of Rs. 3,000/- and in
default in payment of
fine amount additional
R.I. for 60 days.
Under Section 138 (1) (A) R.I. for 1 year with fine
of Electricity Act. of Rs. 1,500/- and in
default in payment of
fine amount additional
R.I. for 30 days.
Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.
On the other hand, learned counsel for the State opposes bail application.
Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant, he was on bail during trial and did not misuse the liberty granted to him, final 3 disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is allowed.
It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court.
He shall appear before the Registry of this Court on 19.04.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.
List the case for final hearing in due course.Certified copy as per rules. ist Sd/-
(Gautam Chourdiya) Judge Nadim