Gautam Kumar Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 745 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                       (Proceedings Through Video Conferencing)

                                      Order Sheet
                                 CRR No. 651 of 2021
  1. Gautam Kumar Yadav S/o Mr. Parichit Yadav Aged About 21 Years R/o Village
     Tedesara, P.S. Somani, Tehsil And District Rajnandgaon Chhattisgarh., District :
     Rajnandgaon, Chhattisgarh
  2. Raju Sahu S/o Himanchal Sahu Aged About 19 Years R/o Village Tedesara, P.S.
     Somani, Tehsil And District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
     Chhattisgarh

                                                                        ---- Applicants
                                         Versus
   State Of Chhattisgarh Through The District Magistrate, Rajnandgaon Chhattisgarh.,
    District : Rajnandgaon, Chhattisgarh

                                                                      ---- Respondent

K

11.02.2022 Mr. Raza Ali, Counsel for the Applicants.

Mr. Priyanshu Gupta, PL for the State.

Heard on IA No. 01, application for suspension of sentence and grant of bail to the applicants.

By the impugned judgment dated 31.08.2021, passed by the learned First Additional Session Judge, Rajnandgaon, C.G. in Criminal Appeal No. 15/2018, arising out of judgment dated 19.02.2018 passed by the Judicial Magistrate First Class, Rajnandgaon (C.G.) in Criminal Case No.1853/2013, the applicant stands convicted and sentenced as under :-

Conviction Sentence

Under Section 394/34 of the S.I. for three years and fine of Rs, Indian Penal Code 1,000/- each in default of payment of fine further S.I. for 1-1 month respectively.

Considering the facts and circumstances of the case, in particular the fact that the applicants are aged about 21 and 19 years respectively and they are in jail from 07.05.2013 to 29.07.2013 and thereafter from 31.08.2021 till date, the affidavit given by the victim that now he has cordial relations with the accused/applicants and that due to COVID-19 pandemic, disposal of revision is likely to take some time, without expressing any opinion on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the applicants and to release them on bail.

Accordingly, the bail application (I.A. No.01) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the applicants shall remain suspended during the pendency of this revision and they shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- to each of them to the satisfaction of the trial Court. They shall appear before the Registry of this Court on 16.06.2022 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 them by the said Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

yasmin