Nandkumar @ Nandu Yadav vs State Of Chhattisgarh
2024 Latest Caselaw 187 Chatt

Chattisgarh High Court

Nandkumar @ Nandu Yadav vs State Of Chhattisgarh on 25 June, 2024

                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                      Order Sheet

                                   CRA No. 236 of 2024

  • Nandkumar @ Nandu Yadav S/o Mantram Yadav Aged About 31 Years R/o Village
    Mopar Ps- Sohela At Present R/o Surkhi Phatak Badi, Ps - Bhatapara Gramin,
    District - Baldoabazar-Bhatapara, Chhattisgarh.

                                                                           ---- Petitioner

                                        Versus

  • State  Of Chhattisgarh      Through   District   Magistrate   District - Balodabazar,
    Chhattisgarh.
                                                                         ---Respondent

25/06/2024 Heard Mr. Dheerandra Pandey, learned counsel for the appellant

and Mr. Arpit Agrawal, learned Panel Lawyer, appearing for the State /

respondent on the instant application for suspension of sentence and

grant of bail (IA No. 1 of 2024).

By the impugned judgment of conviction and order of sentence

dated 18.01.2024, learned First Additional Sessions Judge, Bhatapara,

District Balodabazar (C.G.) in Session Trial No. H-10/2022, has

convicted and sentenced the appellant as under:-

Conviction under Sections Sentence

376 of Indian Penal Code R.I. for 10 years with fine of Rs.

500/- in default of which additional Imprisonment for 3 months

450 of the Indian Penal Code R.I. for 7 years with fine of Rs.

500/- in default of which additional Imprisonment for 3 months

506 Part-II of the Indian Penal R.I. for 2 years with fine of Rs.

Code                            500/- in default of which additional
                                Imprisonment for two months

                                      All the sentences          will   run
                                      concurrently.

Learned Counsel for the convicts/appellant has argued that the

appellant has been falsely implicated in the present case and there is

no evidence on record to connect the appellant with commission of the

offence. During trial the appellant was on bail and after pronouncement

of the judgment, he is in jail since 18.01.2024 and the appeal is likely to

take some time for its conclusion, hence the appellant has filed the

instant application for suspension of sentence and grant of bail.

An objection has been filed on behalf of the State/respondent. It

was argued by the learned Panel Lawyer that the appellant indulged in

commission of offence of illegally entering in the house of the

complainant and committed forcefully intercourse with the prosecutrix,

such an offence is a serious offence, therefore, he does not deserve to be released on bail. The findings arrived at by the learned trial Court is

just and proper.

I have heard learned counsel for the parties and perused the

records of the Court below.

Taking into consideration the facts and circumstances of the case,

particularly taking into consideration the statement of the prosecutrix

and such an offence is a serious offence, this Court finds it appropriate

to reject the instant application for suspension of sentence and grant of

bail, at this stage.

Accordingly, IA No. 01 of 2024 stands rejected.

Let the matter be listed for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti