Dayaluram Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 3752 Chatt

                                       1




             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:-

                   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

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