Chattisgarh High Court
Vimal @ Golu Yadav vs State Of Chhattisgarh on 30 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1468 of 2019
Vimal @ Golu Yadav S/o Shri Dauva Yadav, aged about 26 years, R/o Village Mandh,
Police Station: Kharora, District Raipur, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh through the Police Station: Kharora, District Raipur, Chhattisgarh.
---- Respondent
30.07.2021 Mr. Devershi Thakur, Counsel for the Appellant.
Mr. Ravi Maheshwari, P.L. for the State/Respondent.
Heard on admission.
Admit.
Also heard on I.A. No. 01/2019, an application for suspension of
sentence and grant of bail to the Appellant.
By the impugned judgment date 25.09.2019 passed in Sessions Trial
No.52/2019 by the First Additional Sessions Judge, Raipur, District: Raipur
(C.G.) the Appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 304 Part 1 of IPC RI for 10 years with a In default of payment of
fine amount of fine amount additional RI
Rs.1,000/- for 03 months.
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. Referring to the statement of PW-01, 3
& 8 namely Chandrashekhar Verma, Kartik Ram Dheewar & Rama Verma on
perusal of the statements of these witnesses and on the basis of admission
made by them during their cross examination, it is well established that
deceased Jaswant Yadav was the aggressor at the time of incident and
virtually he started to assault the Appellant and to defend himself the alleged
act was committed by the Appellant, therefore, his conviction is not
sustainable. He also submits that Appellant is in jail since 22.10.2018 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 namely
Chandrashekhar Verma (PW-01), Kartik Ram Dheewar (PW-03) & Rama
Verma (PW-08) and considering this fact that the Appellant is in jail since
22.10.2018, for these reasons, 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 09.12.2021. 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 them by the said Court, till the disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Saurabh Judge
