Arvind @ Arjun Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 1589 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                 CRA No. 860 of 2019

   Arvind @ Arjun Yadav S/o Itwari Yadav, aged about 27 years, R/o House of Pali
   Bhawan, Kailash Nagar, Police Station: Mohan Nagar, Durg, District : Durg,
   Chhattisgarh

                                                                             ---- Appellant

                                         Versus

   State of Chhattisgarh through the Station House Officer, Police Station: Mohan Nagar,
   Durg, District : Durg, Chhattisgarh

                                                                          ---- Respondent

05.08.2021 Mr. Anil Tripathi, Counsel for the Appellant.

Mr. Akash Pandey, P.L. for the State/Respondent.

Heard on I.A. No. 02/2019, an application for suspension of sentence

and grant of bail to the Appellant.

By the impugned judgment date 27.02.2019 passed in Sessions Trial

No.193/2017 by the learned First Additional Sessions Judge to the First

Additional Judge, Durg, District: Durg (C.G.) the Appellant stands convicted

as mentioned below:

                   Conviction                      Sentence                In Default

             U/s 304 Part-I of IPC       RI for 10 years with a In default of payment of

fine amount of Rs.300/- fine amount additional RI for 01 month.

Learned counsel for the Appellant submits that the Appellant has been

wrongly convicted by the Trial Court in the judgment without there being any

sufficient evidence available on record. He submits that the deceased in this

case is the step son of the Appellant, there is no eye witness and conviction is

only based upon the circumstantial evidence. As per argument adduced by the counsel chain of the circumstances have not been established, therefore,

conviction of the Appellant is not sustainable. He further submits that

Appellant is in jail since 04.08.2017 and appeal is likely to take some more

time. Hence, it is prayed that his application be allowed.

On the other hand, Learned counsel for the State has opposed the bail

application and submissions made in this respect.

Heard both the parties and perused the record of the Trial Court.

After perusing the impugned judgment, statements of witnesses and

other material available on record particularly considering that the Appellant is

in jail since 04.08.2017, I am of this opinion that it will be proper to release the

Appellant on bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the appellant

shall remain suspended during the pendency of this appeal and he shall be

released on bail on executing a personal bond for a sum of Rs.25,000/- with

one solvent surety for the like sum to the satisfaction of the Trial Court for his

appearance before the Registry of this Court on 11.11.2021. 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 them by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh