Vijay Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 4115 Chatt

                                             1

                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                            Criminal Appeal No. 611 of 2022
  1. Vijay Yadav S/o Kapil Dev Yadav, aged about 19 years, R/o Village Serangdag Police
     Station Samari, District Balrampur-Ramanujganj (C.G.)

  2. Kaleshwer Toppo S/o Ludra Toppo, aged about 41 years, R/o Village Natwar-Nagar,
     Police Station Samari, District Balrampur (C.G.)

                                                                             ----- Appellants
                                          versus
     State of Chhattisgarh, through District Magistrate Balrampur-Ramanujganj (C.G.)
                                                                            ----- Respondent

29/06/2022 Smt. Indira Tripathi, Advocate for the appellants.

Shri Raghvendra Verma, Government Advocate for the State.

Heard on I.A. No. 1 of 2022, application under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 24.03.2022 passed by the 2 nd Additional

Session Judge, Balrampur at place Ramanujganj (C.G.) in Sessions Trial No.

64/2017, each of the appellants stands convicted and sentenced as under:

                              Conviction                             Sentences
                  Appellant - Vijay Yadav:
                  Under Section 363 of IPC                R.I. for five years and fine of
                                                          Rs.100/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          one month


                  Under Section 370/34 of IPC             R.I. for seven years and fine of
                                                          Rs.100/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          one month
                  Appellant - Kaleshwer Toppo:
                  Under Section 370/34 of IPC             R.I. for seven years and fine of
                                                          Rs.100/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          one month

Considering the material available on record, particularly considering the

evidence given by the victim (PW-2) and his mother (PW-1), the evidence of other

witnesses & defence witness Smt. Seema (DW-1), the age of appellant Vijay

Yadav i.e. 19 years and appellant Kaleshwer Toppo i.e. 41 years, detention period

of the appellants and disposal of the appeal is likely to take some time, without

commenting anything on merit, I am of the opinion that present is the fit cases to

suspend the jail sentence imposed upon the appellants and to release them on

bail.

Accordingly, I.A. No. 1 of 2022 is allowed.

It is directed that the execution of substantive jail sentence imposed upon

appellants 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.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial

Court. They shall appear before the Registry of this Court on 05th September,

2022 and thereafter shall appear before the trial Court on a date to be given by the

Registry and shall continue to appear there on all such dates as are given to them

by the said Court till disposal of the appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti