Dhaneshwar Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 5150 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet
                                CRA No. 1165 of 2022

1. Dhaneshwar Yadav S/o Shri Sevak Ram Yadav Aged About 37 Years R/o Village
   Simkenda, Nadi, Tikra, P.S. Shyang, District Korba Chhattisgarh

2. Bhagwat Prasad Yadav @ Bhako S/o Shri Sevak Ram Yadav Aged About 32 Years R/o
   Village Simkenda, Nadi, Tikra, P.S. Shyang, District Korba Chhattisgarh

                                                                          ---- Appellants

                                      Versus

• State Of Chhattisgarh Through Police Station Ajak, District Korba Chhattisgarh

                                                                        -----Respondent

12/08/2022 Shri Mirza Kaisher Beg, counsel for the appellant/s.

Shri Amit Verma, Panel Lawyer for the State.

Service of notice is effected.

Heard on I.A.No.1, application for suspension of sentence and grant of bail.

The appellants have been convicted under the impugned judgment of conviction and order of sentence dated 25/06/2022 passed by the Special Judge, SC & ST, (P.A.) Act, Korba, District - Korba, Chhattisgarh in Special Criminal Case No.22/2019.

Case of the prosecution is that the appellants abused the victim / complainant with caste words and assaulted with axe, who belongs to Scheduled Caste Community.

Learned counsel for the appellants submits that the trial Court did not appreciate the evidence in its proper perspective. It is further submitted that there are material contradictions and omissions in the statement of the witnesses. It is submitted that the appellants were on bail during trial and hearing of the appeal is likely to take some time, therefore, the application may be allowed. On the other hand, learned State counsel objects the application and submits that after going through the evidence on record, judgment of conviction and order of sentence was passed by the trial Court. Therefore, the application may be rejected.

Having considered the submission made by learned counsel for the parties, looking to the short period of sentence and that hearing of the appeal is likely to take some time, I am inclined to allow the application.

Accordingly, I.A.No.1 is allowed. The substantive jail sentence awarded to the appellants is suspended and they are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with one surety for the like amount to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 11/10/2022. They 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 further dates as are given to him by the said Court, during the pendency of this appeal.

Certified copy as per rules.

Sd/-

(Sachin Singh Rajput ) Judge

Deepti