Yagyadutt Kashyap vs State Of Chhattisgarh
2023 Latest Caselaw 289 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                CRA No. 61 of 2019

 • Yagyadutt Kashyap, S/o Late Mehattar Das Kashyap, Aged About 42 Years,
   Occupation- Journalist, R/o Village- Lendra, Police Station- Darbha, District-
   Bastar, Chhattisgarh.

                                                                            ---- Appellant

                                       Versus

 • State of Chhattisgarh Through- Aarakshi Kendra Darbha, District- Bastar,
   Chhattisgarh.

                                                                          ---- Respondent

13/01/2023 Ms. Savita Tiwari, Counsel for the appellant.

Mr. Shivnath Shrivas, P.L. for the State.

Heard on I.A. No. 02/2022, which is a repeat application for suspension of sentence and grant of bail to the appellant.

First bail application of the appellant for suspension of sentence and grant of bail was rejected vide order dated 28.03.2019.

By the impugned judgment dated 27.11.2018 passed by the learned Special Judge, N.I.A. Act/ Scheuled Offence, Jagdalpur, Bastar (C.G.) in Special Sessions Trial No. 44/2016, the appellant has been convicted and sentenced as under:-

Conviction Sentence

U/s 387 of IPC R.I. for 7 years and to pay fine amount of Rs.1000/- in default of payment of fine to further undergo R.I. for 1 month

U/s 38(2) of Unlawful Activity R.I. for 10 years and to pay fine (Prevention) Act amount of Rs.1000/- in default of payment of fine to further undergo R.I. for 1 month

U/s 39(2) of Unlawful Activity R.I. for 10 years and to pay fine (Prevention) Act amount of Rs.1000/- in default of payment of fine to further undergo R.I. for 1 month

U/s 40(2) of Unlawful Activity R.I. for 14 years and to pay fine (Prevention) Act amount of Rs.2000/- in default of payment of fine to further undergo R.I. for 2 months

(All sentences to run concurrently)

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. She submits that the appellant is in jail since 07.01.2016 and has already completed half of his sentence and he will not misuse the liberty. She further submits that disposal of appeal may likely to take some time, therefore, the appellant may be released on bail.

On the other hand, learned counsel for the State opposes the prayer for bail.

Having heard the contentions put forth on either sides and taking into consideration the recent observations made by Hon'ble Supreme Court in the case of Sonadhar Vs. State of Chhattisgarh decided on 06.10.2021 and also considering the fact in particular, half of the sentence has been completed by the appellant and disposal of this appeal is likely to take some time, we are of the considered opinion that only on the ground of the period of custody undergone, the appellant deserves to be released on bail.

Accordingly, the application (I.A. No.02/2022) is allowed.

It is directed that the substantive sentence of the appellant shall remain suspended during the pendency of the appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the trial Court for his appearance before the trial Court on 17th February, 2023 and on all further dates to be provided by the trial Court till the disposal of the appeal.

List this appeal for final hearing in due course.

                     Sd/-                                   Sd/-
              (Rajani Dubey)                        (Narendra Kumar Vyas)
                   Judge                                    Judge




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