Chattisgarh High Court
Lekhram @ Sakhiram Yadav vs State Of Chhattisgarh on 6 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1471 of 2025
1 - Lekhram @ Sakhiram Yadav S/o Shri Gorelal Aged About
35 Years R/o Vill- Kosmanda, P.S. Champa, Dist- Janjgir-
Champa (C.G.)
2 - Ashok Kumar Yadav S/o Gorelal Yadav Aged About 31
Years R/o Vill- Kosmanda, P.S. Champa, Dist- Janjgir-
Champa (C.G.)
... Appellants
versus
1 - State Of Chhattisgarh Through S.H.O., P.S. Champa Dist.-
Janjgir-Champa (C.G.)
... Respondent
06/08/2025 Mr. Ravindra Sharma, counsel for the appellants.
Mr. Pranjal Shukla, P.L. for the State/respondent.
Heard on admission.
Admit.
Also heard on I.A. No.01/2025, application under
Section 430 of BNSS for suspension of sentence.
By the impugned judgment dated 16.07.2025
passed by learned Fourth Additional Sessions Judge,
Janjgir, District - Janjgir-Champa (C.G.) in Sessions
Case No. 05/2025, whereby the appellants have been
convicted for the offence punishable under Section
119(2) read with Section 3(5) of BNS and sentenced as
under:-
Conviction Sentence
U/s 119(2) R.I. for 5 years and fine of Rs. 2,000/-,
read with each and in default of payment of fine
Section 3(5) of amount additional R.I. for 6 months.
BNS
Learned counsel for the appellants submits that
the appellants are innocent and have been falsely
implicated in the case, and there is no material
evidence against the appellants. He also submits that
there is a 4-day delay in lodging the FIR. During the
trial, appellant No. 1 Lekhram @ Sakhiram Yadav was
in custody from the date of arrest i.e. 05.12.2024 to
09.12.2024. Appellant No. 2 Ashok Kumar Yadav was
in custody from the date of arrest i.e. 05.12.2024 to
24.12.2024, and at present the appellants are in jail
since 16.07.2025. The conclusion of this appeal is
likely to take considerable time. Therefore, the jail
sentence of the appellants may be suspended till the
final disposal of the case, and they may be released on
bail.
On the other hand, learned State counsel opposes
the bail application and submits that there is an
Istagasa against appellant No. 1 Lekhram @ Sakhiram
Yadav; there are 2 criminal antecedents of the
appellant No. 2 Ashok Kumar Yadav and one Istagasa.
Considering the facts and circumstances of the
case and also considering the fact that maximum
sentence of 5 years has been awarded to the appellants
for the aforesaid offence out of which appellant No. 1
has already served the jail sentence of 22 days and
appellant No. 2 has already served the jail sentence of
about 41 days as appellant No. 1 was in jail from
05.12.2024 to 09.12.2024 and appellant No. 2 was in
jail from 05.12.2024 to 24.12.2024 during trial and at
present they are in jail since 16.07.2025, and the final
disposal of this appeal is likely to take considerable
time, therefore, I am inclined to allow the application.
Accordingly, the application (I.A. No. 01/2025) is
allowed. It is directed that the substantive jail
sentence imposed upon the appellants shall remain
suspended till final disposal of this case and they shall
be released on bail on their executing a personal bond
for a sum of Rs. 25,000/- each with one surety for the
like sum to the satisfaction of the trial Court for their
appearance before the Registry of this Court on 6th
October, 2025. They shall thereafter appear before the
concerned trial Court on a date to be given by the
Registry of this Court and thereafter, continue to
appear before the trial Court on all such subsequent
dates as are given to them by the said Court till
disposal of this appeal.
Records of the trial Court has already been
received.
List this case for final hearing in its chronological
order.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
