Kailash Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 686 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                              CRA No. 1678 of 2021

 Kailash Yadav, S/o Shri Prabhat Yadav @ Prabhakar Yadav, Aged About 20
  Years, R/o Village Jhagarpur Police Station Bagecha, District- Jashpur,
  Chhattisgarh Civil And Revenue District- Jashpur, Chhattisgarh.

                                                                    ---- Appellant

                                    Versus

 State of Chhattisgarh, Through- Police Station Bagecha, District- Jashpur,
  Chhattisgarh.                                                   ---- Respondent

09.02.2022 Shri Ajay Mishra, counsel for the appellant.

Shri Kashif Shakeel, Dy. A.G. for the State. Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 09.12.2020 passed in Special Criminal Case under the SC/ST Act No. 20/2018 by the Special Judge (SC/ST Act), Jashpur, District- Jashpur (C.G.) as under:-

                          Conviction                      Sentences
             Under Section 294 of IPC          S.I. for 1 month with fine of Rs.
                                               100/- and default in payment of
                                               fine amount additional S.I. for 1
                                               week.

Under Section 323/34 of IPC S.I. for 6 months with fine of Rs. read with Section 3 (2)(v)(a) of 500/- and default in payment of SC/ST Act fine amount additional S.I. for 1 month.

Under Section 427 of IPC S.I. for 3 months with fine of Rs.

1,000/- and default in payment of fine amount additional S.I. for 1 month.

Under Section 3(1)(s) of SC/ST S.I. for 6 months with fine of Rs.

Act                                500/- and default in payment of
                                   fine amount additional S.I. for 1
                                   month.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Victim Rishi Painkra has appeared through video conferencing with the aid of D.L.S.A., Jashpur and he raised objection to release of the appellant on bail.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant, he was on bail during trial and did not misuse the liberty granted to him, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2021) 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.

He shall appear before the Registry of this Court on 15.06. 2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim