Chattisgarh High Court
Narendra Yadav @ Chhotu Yadav vs The State Of Chhattisgarh on 18 October, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.A. No. 1183 of 2022
Narendra Yadav @ Chhotu Yadav S/o Damrulal Yadav Aged About 19 Years R/o Mamta
Nagar, Gali No. 1, Rajnandgaon, District : Rajnandgaon (C.G.)
---- Appellant
Versus
The State Of Chhattisgarh Through Station House Office, Police Station - Kotwali,
Rajnandgaon, District : Rajnandgaon(C.G.)
---Respondent
18.10.2022 Shri Shaleen singh Baghel, counsel for the appellant.
Shri Praveen Shrivastava, P.L. for the State/respondent.
Heard on I.A. No. 01/2016, an application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 19/04/2019 passed by the
learned Additional District & Sessions Judge, Fast Track Court, District-
Rajnandgaon (C.G.) in Session Trial No. 39/2019, the appellant stands
convicted, as under:-
Conviction Sentence
U/s 294 of IPC : R.I. for 3 years and fine of Rs. 100/- in
default of payment of fine 10 days further
additional imprisonment.
U/s 506 of I.P.C. : R.I. for 2 years and fine of Rs. 500/- in
default of payment of fine additional
further imprisonment for 02 months.
U/s 323/34 of I.P.C. : R.I. for 06 months and fine of Rs. 500/-
in default of payment of fine additional
further imprisonment for 02 months.
(both sentences directed to run
concurently)
U/s 307/34 of I.P.C. : R.I. for 10 years and fine of Rs. 500/- in
default of payment of fine additional
further imprisonment for 02 months.
(both sentences directed to run
concurrently)
Learned counsel for the appellant would submit that the present
appellant has been falsely implicated in commission of offence as even
evidence adduced before the trial court the victim has clearly stated that
there was no involvement of appellant for commission u/s. 307/34 of
I.P.C., therefore, he has been illegally convicted by the trial court,
therefore, he pray appellant Narendra Yadav @ chotu may be released
on bail.
On the other hand learned counsel for the State support the
impugned judgment and would submit that in para-14 of the evidence
there were the clear cut evidence that Narendra Yadav @ chotu has
adduced the present victim, therefore, there is clear cut involvement of
the appellant.
I have heard counsel for the parties an perused the record.
Considering the fact and circumstances of the case, particularly
statement of the victim, there is nothing has been stated against the
present appellant; victim has only stated that the appellant was scanding
victim Narendra Yadav @ chotu, therefore, taking into consideration the
statement of the victim, I am inclined to suspend the sentence of the
appellant and release him on bail.
I.A. No.01/2016 is allowed.
Accordingly, an application 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 07th December,
2022. He 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 him by the said court till the
disposal of this appeal.
Sd/-
(Narendra Kumar Vyas)
Judge
Ashish
