Saroj Kumar Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 627 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR

                     Proceeding Through Video Conferencing

                                 CRA No. 35 of 2020


1.   Saroj Kumar Yadav S/o Mukut Ram Yadav, Aged About 32 Years, R/o
     Village Karmandi, Police Station Urga, District Korba At Present R/o
     Ghantaghar, Purushottam Traders, Police Station Kotwali, District Korba
     (C.G.).
                                                                         ----Appellant
                                                                              (On Bail)
                                        Versus
2.   State Of Chhattisgarh, Through Station House Officer, Police Station Urga,
     Korba District Korba (C.G.).
                                                                  ---- Respondent

04/02/2022 Mr. Pushpendra Kumar Patel, Counsel for the appellant.

Mr. Priyanshu Gupta, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 29/11/2019 passed by Special Judge (SC/ST Act) Korba, District Korba (CG.) in Special Criminal Case No. 34/2016, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 354/34 of S.I. for 1 year and fine of Rs. 300/-, in Indian Penal Code. default of payment of fine additional S.I.

for 3 months.

Under Section 323/34 of S.I. for 1 month and fine of Rs. 100/-, in Indian Penal Code. default of payment of fine additional s.I.

for 7 days.

Under Section 3(1)(w) of S.I. for 1 year and fine of Rs. 300/-, in the Scheduled Castes and default of payment of fine additional S.I.

                Scheduled          Tribes for 1 month.
                (Prevention of Atrocities)
                Act, 1989

(All the sentences were directed to run concurrently)

Considering the facts and circumstances of the case, the fact that the appellant was earlier granted bail by the Co-ordinate Bench vide order dated 10/01/2020 which was subsequently cancelled as his Counsel stated to have no contact with him and he also did not appear before the Registry on 16/03/2020, pursuant to the non-bailabe warrant he was arrested and sent back to jail, considering the short sentence of 1 year imposed on the appellant and disposal of appeal is likley to take some time, the application (I.A. No. 01/2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the 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 for his appearance before the Registry of this Court 13th May, 2022. He 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 him by the said Court, till disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

                                                            (Gautam Chourdiya)
Chandrakant                                                       Judge