Bharat Yadav vs State Of Chhattisgarh
2025 Latest Caselaw 3479 Chatt

Chattisgarh High Court

Bharat Yadav vs State Of Chhattisgarh on 3 April, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR



                            CRA No. 687 of 2025


1 - Bharat Yadav S/o Bacchu Yadav Aged About 67 Years Resident Of Village
Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)


2 - Omkar Yadav S/o Bharat Yadav Aged About 33 Years Resident Of Village
Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)


3 - Suba Yadav S/o Bacchu Yadav Aged About 51 Years Resident Of Village
Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)


4 - Anand Yadav Alias Dablu S/o Bharat Yadav Aged About 25 Years Resident Of
Village Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)


5 - Raghubir Yadav S/o Bacchu Yadav Aged About 42 Years Resident Of Village
Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)


6 - Raghunath Yadav S/o Bacchu Yadav Aged About 40 Years Resident Of
Village Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)


7 - Bajrang Yadav S/o Nandlal Yadav Aged About 38 Years Resident Of Village
Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)
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8 - Smt. Prabhavati Yadav W/o Purvesh Yadav Aged About 28 Years Resident Of
Village Palagi, Police Station Trikunda, District- Balrampur-Ramanujganj (C.G.)
                                                                    ... Appellant(s)


                                       versus


1 - State Of Chhattisgarh Through The Station House Officer, Police Station-
Ramanujganj, District Balrampur-Ramanujganj (C.G.)
                                                                  ... Respondent(s)

Order Sheet

03/04/2025 Mr. Shikhar Agnihotri, learned counsel for the appellant.

Ms. Vaishali Mahilong, Learned Panel Lawyer, appearing

for the respondent/State.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on I.A. No. 01/2025, which is an application for

suspension of sentence and grant of bail to the appellants.

The appellants have been convicted and sentenced by the

judgment of conviction and order of sentence dated 20.03.2025,

passed by 2nd Additional Sessions Judge Ramanujganj, District

Balrampur-Ramanujganj (C.G.) in Sessions Trial No. 99/2019, in

the following manner:-

                          Conviction                           Sentence
               Under Section 148 of IPC           RI for 01 year and fine of Rs. 100/-

                                                  and in default of payment of fine


                                   shall   be    made     to    undergo

additional rigorous imprisonment

for 01 month.

Under Section 452 of IPC RI for 02 year and fine of Rs. 100/-

and in default of payment of fine

shall be made to undergo

additional rigorous imprisonment

for 01 month.

Under Section 323 r/w 149 of IPC RI for 03 -03 months and fine of

Rs. 100/-, Rs.100/- and in default

of payment of fine shall be made

to undergo additional rigorous

imprisonment of 01 -01 month.

All sentences shall run concurrently and fine amount already paid.

Learned counsel for the appellants would submit that the

maximum sentence awarded to the appellants is of 02 years and

after sentencing them the trial Court has suspended the sentence

and released on bail for a limited period. During trial the

appellants were on bail and have not misused the liberty. The

appeal is of the year 2025 and final adjudication of the appeal will

take its own time, therefore, they may be released on bail.

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

Considering the submissions made by learned counsel for

the parties, considering the period of sentence awarded to the

appellants and that they were on bail during trial and even after

his conviction the learned trial Court has suspended the sentence

and released them on bail for a limited period, I am inclined to

allow the application and released the appellants on bail.

Accordingly, I.A. No. 01/2025, is allowed.

It is directed that the jail sentence imposed upon the

appellants shall remain suspended during the pendency of this

appeal and they 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 their

appearance before the Registry of this Court on 08.05.2025 and

thereafter appear before the concerned trial Court on a date to be

fixed by the Registry of this Court and shall continue to appear

there on all such subsequent dates as are given to them by the

said Court, till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Ravindra Kumar Agrawal) Judge

Alok

Digitally signed by ALOK ALOK SHARMA SHARMA Date:

2025.04.04 18:17:31 +0530