Dharam Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 1825 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 22 of 2021

Dharam Yadav S/o Shri Akhaldhar Yadav, aged about 21 years, R/o Dharampura
No. 01, Jagdalpur, P. S. City Kotwali, Jagdalpur, District: Bastar Chhattisgarh.

                                                                    ---- Appellant

                                  Versus

State of Chhattisgarh through the Station House Officer, Police Station: Nagarnar,
District Bastar Chhattisgarh

                                                                  ---- Respondent

17.08.2021 Mr. Atanu Ghosh, Counsel for the appellant.

Mr. Ravi Maheshwari, P.L. for the State/Respondent.

Heard on I.A. No. 1/2021, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 01.12.2020 passed in

Special Session Case No.30/2018 by learned Additional Session

Judge (FTC), District: Bastar, Place: Jagdalpur (C.G.) the appellant

stands convicted as mentioned below:

                   Conviction              Sentence               In Default

               U/s 363 of IPC        RI for 05 years with a In default of payment
                                     fine    amount      of of     fine    amount
                                     Rs.500/-               additional RI for 20
                                                            days.

               U/s 344 of IPC        RI for 01 year with a In default of payment
                          fine   amount      of of     fine  amount
                         Rs.500/-              additional RI for 10
                                               days.

U/s 346 of IPC           RI for 01 year with a In default of payment
                         fine    amount     of of     fine    amount
                         Rs.500/-              additional RI for 10
                                               days.

U/s 376 (2) (ढ) of RI for 10 years with a In default of payment fine amount of of fine amount IPC Rs.1,000/- additional RI for 20 days.

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 prosecutrix and appellant have performed marriage on

02.07.2019 and the prosecutrix now is living in the house of the

appellant. He further submits that during trial the appellant was on

bail and after the judgment of the trial Court he is in jail since

01.12.2020 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 and considering this fact that appellant and prosecutrix have performed marriage,

prosecutrix is living in the house of the appellant and also

considering the fact that the appellant is in jail since 01.12.2020, 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 15.12.2021. 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 him 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