Chattisgarh High Court
Om Nath Yadav @ Bablu @ Ramsaran ... vs State Of Chhattisgarh on 17 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Proceedings through Video Conferencing
CRA No. 1699 of 2019
1. Om Nath Yadav @ Bablu @ Ramsaran Yadav S/o Sankarlal Yadava Aged 28 Years
R/o Kolaibahra (Jamgao), Police Station Chakradhar Nagar, District Raigarh
Chhattisgarh
2. Baby @ Bimla Yadav W/o Shankarlal Yadav Aged 58 Years, Police Station
Chakradhar Nagar, District Raigarh Chhattisgarh
---- Petitioner
Versus
State Of Chhattisgarh Through Station House Officer, Police Station AJAAK,
District Raigarh Chhattisgarh
--Respondent
17.8.2021 Mr. Ashish Shrivastava, Senior Advocate with Mr. Animesh Verma, Counsel for the
appellants.
Mr. Sudeep Agarwal, Dy. AG for the State.
This appeal is arising out of the judgment dated 28.9.2019 passed by the Special
Judge (SC & ST Act), Raigarh, District Raigarh (CG) in Special Criminal Case under
the Atrocities Act No.23/2017.
Heard on IA No.1/2019, an application for suspension of sentence and grant of
bail to both the appellants and IA No.2/2020, an application for grant of ad-
interim temporary bail and suspension of sentence filed by appellant No. 1 Om
Nath Yadav @ Bablu @ Ramsaran Yadava.
The applicants have been convicted under Sections 458 IPC read with Section 3(2)
(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
1989 (in short "the Act, 1989"); 307/34 IPC r/w 3(2)(v) of the Act, 1989; 326/34 IPC
r/w 3(2)(v) of the Act, 1989, 324/34 IPC, 324/34, 323/34 and 506 Part-II of IPC and
sentenced them to undergo imprisonment for life; imprisonment for life; RI for
10 years; RI for 3 years; RI for 3 years; RI for one year; and RI for 3 years with
usual default stipulations
At the outset, Mr. Ashish Shrivastava, learned Senior Advocate for the appellants
prays for and is permitted to withdraw the prayer for suspension of sentence and
grant of bail made in IA No.1/2019 in respect of appellant No.1 Om Nath Yadav
@ Bablu @ Ramsaran Yadava and the prayer for ad-interim bail and suspension of
sentence made in IA No.2/2020 filed by appellant No.1. However, he seeks liberty
to revive the prayer at an appropriate stage.
Accordingly, IA No.1/2019 in respect of appellant No.1 Om Nath Yadav @ Bablu
@ Ramsaran Yadava and IA No.2/2020 filed by the said appellant, are dismissed,
as withdrawn with the liberty prayed for.
Now, we shall consider IA No.1/2019 in respect of appellant No.2 Baby @ Bimla
Yadav.
In so far as appellant No.2 Baby @ Bimla Yadav is concerned, she has caused
injuries by means of knife to injured Tapaswani and Saraswati. The appellant is a
lady and is in jail since 28.2.2017 i.e. for nearly 4 ½ years.
Therefore, considering the entire facts' situation of the case and mainly for the
reason that appellant No.2 is a lady, aged about 60 years and is in jail since
28.2.2017, we are inclined to suspend the jail sentence imposed on her and
release her on bail.
Accordingly, IA No.1/2019 filed on behalf of appellant No.2 Baby @ Bimla Yadav
is allowed.
Execution of the sentence imposed on appellant No.2 Baby @ Bimla Yadav
shall remain suspended and she is directed to be released on bail on her
furnishing a personal bond for a sum of Rs.50,000/- with one local surety in the
like sum to the satisfaction of the trial Court for her appearance before the
Registry of this Court on 25th of October 2021. She 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 her by the
said Court, till the disposal of this appeal.
Certified copy as per rules.
Sd/- Sd/-
( Prashant Kumar Mishra) (Rajani Dubey)
Acting Chief Justice Judge
Shyna
