Chattisgarh High Court
Manoj Yadav vs State Of Chhattisgarh on 17 November, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1710 of 2022
Manoj Yadav, S/o Jugla Yadav, aged about 24 years, R/o Village Patora, P.S. Lundra,
District- Surguja (C.G.)
---- Appellant
Versus
State of Chhattisgarh Through: the Station House Officer, PS Lundra, District- Surguja
(C.G.) Civil & Revenue District- Ambikapur (Surguja) Cr. No. 50/2020 PS Lundra,
Dist.Surguja (C.G.).
---- Respondent
17.11.2022 Mr. Jitendra Shrivastava, Advocate for the appellant.
Mr. Praveen Shrivastava, P. L. for the State/respondent.
Heard on application (I.A. No. 01 of 2022) for suspension of sentence
and grant of bail to the appellant.
By the impugned Judgment dated 18.10.2022 passed by Special Judge
(Atrocities), Surguja, Ambikapur, (C.G.) in Special ST(Atrocities) No. 43/2020
and Crime No. 50/2020, stands convicted and sentenced as under:
S. No. Conviction Sentences
1. Under Section 354 (A)(1) (i) of R.I. for 1 year and fine of
the Indian Penal Code Rs. 500/- in default of
payment of fine amount
to further undergo 1
month R. I.
2. Under Section 354(A)(1)(ii) of R.I. for 1 year and fine of
Indian Penal Code Rs. 500/- in default of
payment of fine amount
to further undergo 1
month R.I.
3. 509 of the Indian Penal Code S.I. for 1 year and fine of
Rs. 500/- in default of
payment of fine amount
to further undergo 1
month S. I.
4. Section 3(1)(r)(ii) of the R.I. for 1 year and fine of
Scheduled Castes and Rs. 500/- in default of
Scheduled Tribes(Prevention of payment of fine amount
Atrocities)Act, 1989 to further undergo 1
month R. I.
5. Section 3(2)(v)(A) of the R.I. for 1 year and fine of
Scheduled Castes and Rs. 500/- in default of
Scheduled Tribes(Prevention of payment of fine amount
Atrocities)Act, 1989. to further undergo 1
month R. I.
6. Section 3(2)(v)(A) of the S.I. for 1 year and fine of
Scheduled Castes and Rs. 500/- in default of
Scheduled Tribes(Prevention of payment of fine amount
Atrocities)Act, 1989 to further undergo 1
month S. I.
All sentences were ordered to be run concurrently.
Learned counsel for the appellant submits that the appellant has been
falsely implicated in this case. He would further submit that during trial the
appellant was remained in jail only for 5 days and he has been convicted only
for one year i.e. short sentence. He lastly submits that the appeal is of the
2022 and disposal of the appeal is likely to take some time. Therefore, it is
prayed that the appellant may be released on bail.
On the other hand, learned State Counsel opposes submissions of the
counsel for the appellant.
In pursuance of the order dated 09.11.2022, the victim has appeared
before this Court through video conferencing from the District Legal Services
Authority (DLSA), Surguja and raised objection to the application for
suspension of sentence and grant of bail to the appellant.
I have heard learned counsel for the parties.
Considering the facts and circumstances of the case, nature & gravity of
allegations against appellant and particularly considering the fact that it is a
short sentence and the appeal is of the 2022 and disposal of the appeal is
likely to take some time, without expressing anything on merit of the case I am
inclined to allow the appellant to release on bail.
Accordingly, application (IA No.1 of 2022) for suspension of sentence and
grant of bail is allowed and it is directed that execution of further substantive jail
sentence of the appellant shall remain suspended and he shall be released on
bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in
the like sum to the satisfaction of trial Court for his appearance before the
Registry of this Court on 5th of January, 2023. He shall thereafter appear
before Registry of this Court on a date to be given by the Registry of this Court
and shall continue to appear on all such subsequent dates as are given to him
by the Registry of this Court till the disposal of this appeal.
List this appeal for final hearing in due course.
Sd/-
(Narendra Kumar Vyas)
Judge
amita
