Gendu @ Gaindlal Yadav vs State Of Chhattisgarh
2023 Latest Caselaw 979 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet

                              CRA No. 56 of 2023

   Gendu @ Gaindlal Yadav S/o Late Bhagwat Yadav Aged About 25 Years
    R/o Jogi Nagar, Ward No. 49 Behind Chowki Padnabhpur, P.S. Durg
    Chowki, Padnabhpur, District : Durg, Chhattisgarh

                                                                   ---- Appellant

                                    Versus

   State Of Chhattisgarh Through Station House Officer, Police Station Durg
    (Chowki Padnabhpur), District : Durg, Chhattisgarh

                                                                ---- Respondent

15/02/2023 Mr. Pushpendra Kumar Patel, Advocate for the appellant.

Ms. Abhyunnati Singh, Panel Lawyer for the State.

Heard on I.A. No.1, which is an application under Section 389 of the Cr.P.C. for suspension of sentence and grant of bail.

In terms of the previous order of this Court upon notice the victim is represented by her mother through video conferencing from the DLSA Durg. On a query being put the mother of the prosecutrix has opposed the bail application.

Learned counsel for the appellant submits that the present appellant is in jail since the judgment and as such he is putting more than 2 months of incarceration by now and even at the time of lodging of the FIR also he has undergone custody of more than 2 months, thus he is being in jail for a period of more than 4 months. He further contends that since the appeal is of the year 2023, there is no likelihood of the appeal being heard on an early date.

Given the entire facts and circumstances of the case and also considering the fact that the appeal is of the year 2023 and the appellant has already remained in custody for a period of more than 4 months and the total sentence awarded to the appellant being only 3 years, prima facie a strong case for allowing the bail application has been made out. Accordingly, I.A. No.1 stands allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain 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 some local sureties in like sum to the satisfaction of the concerned trial Court. The appellant is directed to appear before the trial Court on 10 th of April, 2023 and all further dates to be given to him by the said Court till disposal of the appeal.

List this case in due course.

Sd/-

(P. Sam Koshy) JUDGE

Ved