Dileshwar Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 6764 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                             CRA No. 1692 of 2017
1. Dileshwar Yadav S/o Goverdhan Yadav Aged About 46 Years Caste Mahkul
2. Thuni Bai W/o Dileshwar Yadav Aged About 44 Years Caste Mahkul,
   Both are R/o Village Chhatasarai Ghuigoda P. S. Bagbahar, District Jashpur
   Chhattisgarh
                                                                            ---- Appellants
                                      Versus
• State Of Chhattisgarh Through The Police Station Bagbahar, District Jashpur
  Chhattisgarh , Chhattisgarh
                                                                         ---- Respondent

11/11/2022 Shri Shashak Thakur, Counsel for the Appellants.

Shri Avinash Singh, P.L. for the State.

Heard on I.A. No. 02 i.e. second bail application for suspension

of sentence and grant of bail.

Appellants have been convicted by the judgment dated

11/09/2017 passed in Sessions Trial No.21/2015 passed by the Court

below in the following manner with a direction to run all the

sentences concurrently:-

U/s 302/34 of IPC (in : RI for life and fine amount of Rs. 2,000/- respect of appellant in default additional R.I. for one year. No. 1 two times)

U/s 4 of Tonhi : RI for one year and fine of Rs.500/- and Pratadna Adhiniyam- in default additional R.I for three months. 2005 (in respect of appellant No. 1 two times)

U/s 5 of Tonhi R.I. for three years and fine amount of Pratadna Adhiniyam Rs. 1,000/- in default additional R.I. for 2005 (in respect of six months.

appellant No. 1)

Learned Counsel for the appellants submit that he do not want

to press the second bail application for appellant No. 1. He further

submits that the appellant No. 2 is in jail since 14.12.2014. He

submits that role of appellant No. 2 is not been established by the

prosecution and only on presumption she has been convicted. He

further submits that she has suffered more than 50% of the jail

sentence and hearing of the appeal may take some time, therefore,

the appellant may be released on bail.

Learned State Counsel opposes the prayer for grant of bail,

however, he do not dispute the fact that the appellant has already

suffered more than half of the jail sentence.

Considering the facts and after going through the statements

of PW-4 (Janardan), PW-5 (Champa Yadav) and PW-8 (Benudhar

Yadav) and further taking into fact the evidence on mens rea and

without any observation on the merits of the case at this stage taking

into the facts of the case, we are inclined to release the appellant No.

2 on bail.

Accordingly, I.A. 02 in respect of appellant No. 2 second bail

application for suspension of sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed on

appellant No. 2 shall remain suspended and she is directed to be

released on bail on her executing a personal bond for a sum

Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for her appearance before the Registry of this Court on

24th January,2023 She 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 her by the

said Court, till the disposal of this appeal.

                      Sd/-                               Sd/-
                (Goutam Bhaduri)                   (Sanjay S. Agrawal)
                    Judge                              Judge




Jyoti