Tikeshwar @ Tikesh Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 2174 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                    CRA No. 664 of 2019

 1. Tikeshwar @ Tikesh Yadav S/o Shri Ram Anuj Yadav Aged About 26 Years
    Occupation Labourer R/o Village Khorpa Thana Patan District Durg Chhattisgarh.
 2. Bhagwat Yadav S/o Shri Ram Anuj Yadav Aged About 28 Years Occupation
    Labourer R/o Village Khorpa Thana Patan District Durg Chhattisgarh.
 3. Rupesh Yadav S/o Shri Ram Anuj Yadav Aged About 25 Years Occupation
    Private Service, R/o Village Khorpa Thana Patan District Durg Chhattisgarh.
 4. Parmendra Yadav S/o Shri Ram Anuj Yadav Aged About 24 Years Occupation
    Labourer R/o Village Khorpa Thana Patan District Durg Chhattisgarh.
                                                                     ---- Appellants
                                        Versus
  • State Of Chhattisgarh Through Police Station House Patan District Durg
    Chhattisgarh.                                          ---- Respondent

06-09-2021 Mr. Gajendra Kumar Sahu on behalf of Mr. Ashok Verma, counsel

for the appellant/s.

Mr. Lalit Jangde, Dy. GA for the State/respondent.

Heard on I.A. No. 02/2021 application for suspension of sentence

and grant of bail filed by appellant/Rupesh Yadav.

The appellants have been convicted under the impugned judgment

of conviction and order of sentence dated 02.03.2019 passed by the

Additional Sessions Judge Durg, District Durg, CG in Sessions Trial No.

25/2018.

Learned counsel for the appellant would argue that even according

to the eye witnesses the allegation of assault on the deceased is by

appellant Tikeshwar and it is not a case where the appellant had also come

armed with any weapon and assaulted the deceased. He would submit that

identically situated co-accused Bhagwat Yadav has been released on bail by this Court vide order dated 26.03.2021, therefore, on the ground parity

the appellant Rupesh Yadav may also be granted bail.

On the other hand, learned State counsel would oppose and submits

that the presence of the appellant and his involvement the catching hold of

the deceased has been made basis for his conviction with the aid of

Section 34 IPC.

Having considered submission of learned counsel for the parties,

particularly taking into consideration that the allegation of assault is on co-

accused Tikeshwar and it is not the evidence of the prosecution that the

appellant Rupesh was also armed or assaulted the deceased, we are

inclined to allow the application filed by appellant No.3/Rupesh Yadav and

suspend the jail sentence and grant bail.

Accordingly, the application is allowed. It is directed that the

substantive jail sentence imposed upon the appellant/Rupesh shall remain

suspended during the pendency of the appeal and he shall be released on

bail furnishing a personal bond of Rs. 25,000/- with one local sureties of the

like amount to the satisfaction of the concerned trial Court, for his

appearance before the concerned trial Court on 25th of October, 2021

and all such further dates as may be directed by the said Court, interval

being not less than 6 months, till final disposal of this appeal.

Post the appeal for final hearing.

Certified copy as per rules.

                               Sd/-                                          Sd/-
                  (Manindra Mohan Shrivastava)                     (Vimla Singh Kapoor)
                              Judge                                         Judge



Pawan Prajapati