Chattisgarh High Court
Mamta Yadav vs State Of Chhattisgarh on 3 August, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1204 of 2022
Mamta Yadav W/o Late Rakesh Kumar Yadav Aged About 56 Years R/o Vivekanand
Nagar Dhamtari Ps City Kotwali, District - Dhamtari (C.G.) ---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Of Police Station Gurur,
District - Balod (C.G.) --- Respondent
03.08.2022 Mr. Sushobhit Singh, counsel for appellant.
Ms. Shivali Dubey, PL for the State/respondent.
Heard on admission.
Admit.
Call for the record of the Court below.
Also heard on IA No. 01 application for suspension of sentence
and grant of bail.
By the impugned judgment and order of sentence dated
06.07.2022 passed by the learned First Additional Sessions Judge
Balod District Balod, CG in Sessions Case No. 30/2019 appellant has
been convicted for the ofence punishable under Section 201/34 of IPC
and sentenced to undergo Rigorous Imprisonment for 3 years and fne
amount of Rs. 500/-, plus default stipulation.
Case of the prosecution story in brief is that on 26.03.2019,
Kotwar Bharatram Kotwar informed the police station Balod that a
dead body of an unknown women has come foating over the Gangrel
canal. The dead body was pulled out from the canal and it was found
that a thick Jute rope was tied over the neck and legs of the women.
Upon receiving such information the police proceeded the merg
inquiry and the dead body was sent for postmortem. The dead body of
women was later identifed as victim/prosecutrix. It was later revealed
that during the course of investigation that prosecutrix went out of her
home on the night on 25.03.2019 and later on unknown person
assaulted her by strangulating her by a rope and caused grievous
injuries on her vital parts of body ultimately leading to her death.
Learned counsel for the appellant submits that the maximum
sentence has been awarded to the appellant of three years, during the
course of trial she was on bail and she did not misused the liberty, the
appeal is likely to take some time to be heard fnally, therefore, he
may be entitled for suspension of sentence and grant of bail during
the pendency of the appeal.
On the other hand, learned State counsel submits that fnding
recorded by the trial Court based on the proper appreciation of
evidence and her involvement is prove, therefore, the application may
be rejected.
Considering the facts and circumstances of the case, looking to
the maximum sentence has been awarded to the appellant of three
years, during the course of trial she was on bail and she did not
misused the liberty, the appeal is likely to take some time, I am
inclined to allow the application for suspension of sentence and grant
of bail.
Accordingly, IA No. 1 is allowed.
The substantive jail sentence awarded to the appellant is
suspended during the pendency of this appeal and she is directed to
release on bail on her furnishing a personal bond in the sum of Rs.
5,000/- along with one surety in the like sum to the satisfaction of the
concerned trial Court for her appearance before this Court on
30.09.2022. She 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 is given to her by the
said Court, till the disposal of this appeal.
List this case for fnal hearing.
Sd/-
(Sachin Singh Rajput)
Judge
Pawan
