Chattisgarh High Court
Bajrang Yadav vs State Of Chhattisgarh on 5 December, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 27 of 2022
1. Bajrang Yadav S/o Shri Kartik Ram, Aged About 24 Years, R/o Village- Baradwar P.S.
Baradwar, District- Janjgir-Champa (C.G.)
2. Haran Lal Yadav S/o Mangluram, Aged About 31 Years, R/o - Tioor, P.S. Kharsiya,
Dist.-Raigarh ( C.G.)
3. Sumitra Bai W/o Lakeshwar Yadav, Aged About 37 Years, R/o - Tioor, P.S. Kharsiya,
Dist.-Raigarh( C.G.)
---- Appellants
Versus
State Of Chhattisgarh Through - S.H.O. P.S. Sakti, Dist. - Janjgir- Champa (C.G.)
---- Respondent
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey
05/12/2022 Mr. Ravindra Sharma, Advocate for the appellants.
Mr. Arijit Tiwari, P.L. for the State/respondent.
Mr. Shashi Kumar Kushwaha, Advocate on behalf of Ms. Preeti Yadav,
Advocate for the objector.
Heard on I.A.No.1/2022, application for suspension of sentence and grant
of bail to the appellants.
The appellants have been convicted and sentenced by the judgment of
conviction and order of sentence dated 30-12-2021 passed in Special Session
Case No.27/2021 by the Special Judge (FTSC), Sakti, District Janjgir-Champa
(C.G.).
By the impugned judgment appellant No.1 Bajrang Yadav has been
convicted and sentenced as follows :-
Sl. No. Conviction Sentence
1. U/s 06 of POCSO Act R.I. for 20 Years and fine of Rs.10000/-,
in default of payment of fine amount
additional R.I. for 06 months.
2. U/s 506 Part-II of the R.I. for 01 Year
IPC
3. U/s 313/34 of the IPC R.I. for 05 Years and fine amount of Rs.
1000/- in default of payment of fine
amount additional R.I. for 03 months.
4. U/s 3(2)(v) of S.C./S.T. Imprisonment for life and fine amount of
Act
Rs.5000/- in default of payment of fine
amount additional R.I. for 06 months.
All the jail sentences are running concurrently.
By the impugned judgment appellant No.2 Haran Lal Yadav & appellant
No. 3 Sumitra Bai have been convicted and sentenced as follows:-
Sl. No. Conviction Sentence
1. U/s 506 Part-II of the R.I. for 01 Year
IPC
2. U/s 313/34 of the IPC R.I. for 05 Years and fine amount of Rs.
1000/- in default of payment of fine
amount additional R.I. for 03 months.
3. U/s 3(2)(v) of S.C./S.T. Imprisonment for life and fine amount of
Act
Rs.5000/- in default of payment of fine
amount additional R.I. for 06 months.
All the jail sentences are running concurrently.
Learned counsel for the appellants submits that the prosecution has failed
to establish the case against the appellants beyond reasonable doubt. The
appellants have good grounds to succeed in this appeal. Appellant No.1 is in
custody from 10-02-2021 to till date and appellant No.2 and 3 were in custody
from 01-05-2021 to 10-05-2021 thereafter from the date of the judgment.
Therefore, it is prayed that they may be enlarged on bail.
On the other hand, Mr. Arijit Tiwari, learned counsel for the State and Mr.
Shashi Kumar Kushwaha, learned counsel for the objector oppose the application
for suspension of sentence and grant of bail.
We have heard learned counsel for the parties and perused the record.
Considering the statement of the victim (PW-1) and considering that on the
date of incident she was minor, we are not feel inclined to suspend the jail
sentence of appellant No.1 and grant him bail. Accordingly, the prayer for
suspension of sentence and grant of bail to appellant No.1 Bajrang Yadav is
rejected.
However, further considering that the role of appellants No.2 and 3 in Ex.-
P/4, written complaint and Ex.-P/5, FIR wherein the appellants No.2 and 3 were
not named and in statement under Section 161 of the Cr.P.C. of the victim,
Ex.P/31 no overt act is said to have been caused by appellants No.2 and 3 and
further considering the evidence of Dr. Kiran Binjhwar (PW-5), we are inclined
suspend the sentence of appellants No.2 and 3 and grant them bail.
Consequently, the prayer made in I.A.No.1/2022 for suspension of
sentence and grant of bail to appellant No.2 Haran Lal Yadav and appellant No.3
Sumitra Bai is hereby allowed. It is directed that the jail sentence imposed upon
appellant No.2 Haran Lal Yadav and appellant No.3 Sumitra Bai shall remain
suspended during the pendency of this appeal and they shall be released on bail
on each of them furnishing a personal bond in the sum of Rs.25,000/- with one
surety each in like sum to the satisfaction of the trial Court for their appearance
before the Registry of this Court on 27th of February, 2023. 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 subsequent dates as are given to
them by the said Court, till disposal of this appeal.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rakesh Mohan Pandey)
Judge Judge
Aadil
