Citation : 2025 Latest Caselaw 3569 Chatt
Judgement Date : 8 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 581 of 2025
1 - Satyanarayan Yadav @ Bade Guddu S/o Ful Singh Yadav Aged About
24 Years R/o Village Shaila Dharsapara, Police Station Pali, District Korba,
Chhattisgarh
... Appellant
versus
1 - The State Of Chhattisgarh Through The Police Station Pali, District
Korba (C.G.)
... Respondent
Order Sheet
08/04/2025 Mr. Punit Ruparel, learned counsel appearing for the appellant.
Mr. Pranjal Shukla, learned Panel Lawyer, appearing for the State / respondent.
Heard on I. A. No. 01 of 2025, application for suspension of sentence and grant of bail to the appellant.
pursuant to the order dated 21.03.2025, notice issued to the
complainant is reported to be served upon him but neither the
complainant appeared nor any representation is made on his
behalf to record his submission therefore, this Court proceed of the
hearing of the application for grant of bail to the applicant.
The appellant has been convicted and sentenced by
judgment dated 19.02.2025, passed in Special Criminal Case No.
49 of 2019 passed by the Court of Special Court SC/ST(Atrocities)
Act, 1989, Korba District Korba (C.G.) as under:
No. Conviction Under Sentence
Section
1. 454 of IPC R.I. for 02 years and fine of
1000/- in default of payment
of fine amount further R.I.
for 1 month
2. 354 of IPC R.I. for 2 year and fine of Rs.
1000/- and in default of
Payment of fine amount
further R. I. for 1month
3. 5(3)(2)(v-a) of the R. I. for 02 year and fine of Scheduled Caste and Rs 1000/- and in default of Scheduled Tribes payment of fine amount (Prevention of further R. I. for 1 month Atrocities)Act, 1989
All the sentences were ordered to run concurrently.
Learned counsel for the appellant would submit that the appellant has been falsely implicated in the present case. He
submits that the total period of sentence awarded to the appellant is up to two years. The appellant was on bail during trial and presently he is in jail since19.02.2025. The appeal is of the year 2025 and final adjudication of the same will take its own time, hence it is prayed that the appellant be enlarged on bail
On the other hand, learned counsel for the State/respondent has opposed the bail application.
I have heard learned counsel for the parties and perused the records of the Court below.
Considering the submission made by learned counsel for the parties, considering the nature of allegation as well as the period of sentence awarded to the appellant further considering that the appellant is in jail since 19.02.2025 and final hearing of this appeal would take some time, I deem it appropriate to allow the application for suspension of sentence and grant of bail to the appellant.
Accordingly, the substantive jail sentence awarded to appellant- Satyanarayan Yadav @ Bade Guddu by the learned trial Court is hereby suspended. He shall be released on bail his executing bail bond alongwith one surety of Rs. 25,000/- to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 12.06.2025. He shall thereafter appear before the concerned trial Court on a date to be given 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, interval being not less than 6 months, till final disposal of this appeal. Consequently, I.A. No. 1 of 2025 stands disposed of.
It is made clear that the appellant shall not threaten the complainant or her family members after hiss release on bail and if he is found in committing such act, the order granting bail shall be liable to be cancelled.
List this matter for final hearing.
Certified copy, as per rules.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
amita
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