Kailash @ Krishana Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 3127 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet
                        Criminal Appeal No. 1872 of 2019

   Kailash @ Krishana Yadav son of Prabhat @ Prabha @ Prabhakar Yadav, aged
    about 22 years, R/o Village Jhagarpur, Police Station Bagicha, District Jashpur
    (Chhattisgarh)

                                                                            ----- Appellant   s




                                   versus
   State of Chhattisgarh, Through : the Police Station Bagicha, District Jashpur
    (Chhattisgarh)
                                                                    ----- State/Respondent

12/11/2021 Shri V.K. Pandey, Advocate for the appellant.

Shri Anand Verma, Deputy Government Advocate for the State. Heard.

Admit.

Also heard on I.A. No. 01 of 2019, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 25.11.2019 passed by the Special Judge, Jashpur, District Jashpur (Scheduled Caste and Scheduled Tribe [Prevention of Atrocities] Act (C.G.) in Special Criminal Case under the SCST Act No. 21/2018, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                   Under Section 450 of the Indian        R.I. for five years and fine of
                   Penal Code (hereinafter referred       Rs.1,000/-,    in   default     of
                   to as the 'IPC')                       payment of fine to further
                                                          undergo additional R.I. for three
                                                          months
                   Under Section 376 of IPC               R.I. for ten years and fine of
                                                          Rs.1,000/-,   in   default      of
                                                          payment of fine to further
                                                          undergo additional R.I. for three
                                                          months
                                   Both the sentences to run concurrently

Considering the material available on record, particularly considering

the age of the prosecutrix i.e. 35 years and the age of the appellant i.e. 22

years, the prosecutrix stated in her deposition that in the presence of her

husband offence was committed by the appellant who entered her room in

crossing the room of her husband, the incident happened on 29.07.2018 and

the F.I.R. lodged on 02.08.2018, and that he is in custody, during trial he was

on bail and disposal of this appeal is likely to take some time, without further

commenting on merit, I am of the opinion that present is a fit case to suspend

the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 01 of 2019) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon 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 17th

January, 2022 and thereafter shall appear before the trial Court on a date to

be given by the Registry and shall continue to appear there on all such dates

as are given to him by the said Court till disposal of this appeal.

Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

vatti