Chattisgarh High Court
Rajesh Yadav @ Sonu vs State Of Chhattisgarh on 25 July, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 722 of 2021
1. Rajesh Yadav @ Sonu S/o Shri Ram Bishal Yadav Aged About 24 Years R/o Village
Achhoti, Police Station Nandini Nagar, District Durg, Chhattisgarh
2. Mukesh Yadav @ Mona S/o Shri Ram Bishal Yadav Aged About 21 Years R/o Village
Achhoti, Police Station Nandini Nagar, District Durg, Chhattisgarh ---- Appellants
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Nandini Nagar,
District Durg, Chhattisgarh ---- Respondent
DIVISION BENCH:
HON'BLE SHRI JUSTICE SANJAY K. AGRAWAL AND
HON'BLE SHRI JUSTICE SANJAY S. AGRAWAL
25.07.2022 Shri Avinash Chand Sahu, counsel for the appellants.
Shri Ishan Verma, P.L. for the Styate/respondent.
Heard on I.A.No. 01/2021, which is an application filed on behalf of
appellant No.2 - Mukesh Yadav @ Mona for suspension of sentence and grant of
bail to him during pendency of appeal.
Vide judgment of conviction and order of sentence dated 22.06.2021
passed by the Sessions Judge, Durg in Sessions Trial No.108/2019, present
appellant - Mukesh Yadav @ Mona has been convicted under Section 326 read
with Section 109 of the I.P.C. and sentenced to undergo R.I. for 7 years (two
counts) along with fine of Rs.100/- under two counts and in default to pay fine
amount, he shall suffer additional R.I. for one month.
Learned counsel appearing for the appellant submits that there is no
evidence against the present appellant with regard to his involvement in the
offence in question and despite there being no evidence against the appellant, the
learned Sessions Judge has convicted and sentenced him by recording perverse
finding. He further submits that the present appellant was on bail during trial and
has not misused the liberty granted to him. Therefore, on these premises, he
prays for suspending the sentence of the appellant and granting bail to him.
On the other hand, learned counsel appearing for the State opposed the
bail application.
Having considered the facts and circumstances and further considering the
fact that he was on bail during trial and has not misused the liberty granted to him
and further taking into consideration the fact that the appellant has been held
guilty of the lesser offence under Section 326/109 IPC (two counts) and sentenced
to undergo imprisonment for a period of 7 years and out of which he was
incarcerated jail sentence for a period of more than 2 years, we deem it
appropriate to suspend the sentence and grant bail to the present appellant.
Accordingly, I.A.No.01/2021 is allowed and it is directed that the substantive
jail sentence imposed upon the appellant - Mukesh Yadav @ Mona shall remain
suspended during pendency of this appeal and he shall be released on bail on his
furnishing personal bond of Rs.25,000/- along with one surety for the like sum to
the satisfaction of the concerned trial Court for his appearance before the said
Court on 04.11.2022 and thereafter continue to appear on all such further dates as
are given to him in that behalf till disposal of this appeal.
List the matter for final hearing.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sanjay S. Agrawal)
Judge Judge
Anjani
