Ravishankar Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 5946 Chatt

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet

CRA No. 288 of 2022

Ravishankar Yadav S/o Late Dukalu Yadav, Aged about 25 years, R/o Kailash Nagar, Behind Titurdih Durga Manch, Durg, Distt. Durg, Chhattisgarh.

Versus

State of Chhattisgarh through District Magistrate, durg, Distt. Durg, Chhattisgarh.

SB Hon'ble Shri Justice Sanjay K. Agrawal

22.09.2022 Ms. Soniya Kuldeep, counsel for the appellant.

Mr. Animesh Tiwari, Dy. A.G. for the State.

Heard on I.A. No. 1, application for suspension of sentence and grant of bail.

The appellant herein has been convicted for offence punishable under Section 307 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 5000/- and in default of payment of fine additional R.I. for three months vide impugned judgment dated 05/01/2022 passed by learned 7th Additional Sessions Judge, Durg in Sessions Trial No. 22/2020.

Learned counsel for the appellant would submit that the appellant has falsely been implicated in the crime in question and the victim was hospitalized for 9 days but the appellant has been sentenced to 7 years' R.I. out of which he has already undergone three years and the final disposal of the appeal is likely to take some time, the instant application be allowed and the appellant be released on bail. On the other hand, learned State counsel would oppose.

Taking consideration of the facts and circumstances of the case, nature and gravity of the offence, role of the present appellant and further considering that the victim was hospitalized for 9 days and the appellant is in custody since 24/09/2019 i.e. for three years and the final disposal of the appeal is likely to take some time, I consider it a fit case to release the applicant on bail.

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

The substantive jail sentence awarded to the appellant is suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 16/11/2022. He shall thereafter appear before the trial Court on a date which will be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given by the said Court, till the disposal of this appeal.

Certified copy, as per rules.

Sd/-

(Sanjay K. Agrawal)

JUDGE

Harneet