Chattisgarh High Court
Ramkumar Yadav vs State Of Chhattisgarh on 17 February, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 336 of 2025
1 - Ramkumar Yadav S/o Shri Funna Ram Aged About 41 Years R/o Village Kumdeva
(Yadavpara) Police Outpost Kedma Police Station Udaypur District - Sarguja (C.G.) (On Bail)
2 - Ahibaran Yadav S/o Shri Jagan Ram Yadav Aged About 49 Years R/o Village Bishunpur
Pandaripani Police Station Udaypur District - Sarguaj (C.G.)
3 - Jawahir Yadav S/o Shri Jiwai Yadav Aged About 56 Years R/o Village Kumdeva
(Yadavpara ) Police Outpost Kedma Police Station Udaypur District - Sarguja (C.G.)
... appellants
versus
State Of Chhattisgarh Through The Station House Officer Police Station Udaypur District -
Sarguja (C.G.)
.....respondent
17.02.2025 Mr. Rishi Rahul Soni, Counsel for the Appellants.
Ms. Priya Sharma, Panel lawyer for the State.
Heard on admission as well as I.A. No. 01/2025, an
application for suspension of sentence and grant of bail under
Section 430 of the BNSS, 2023.
Admit.
By virtue of the impugned judgment of conviction and order
of sentence dated 24.01.2025, passed by learned Second
Additional Session Judge, Ambikapur, District - Sarguja (C.G.) ,
whereby appellants have been convicted and sentenced as
under:
Appellant No. 1:-
Conviction Sentence
Under Section 294 of the Fine of Rs. 1000/- and in
Indian Penal Code default of payment of fine
amount simple imprisonment
for 01 month.
Under Section 325/34 of Rigorous Imprisonment for 03
Indian Penal Code years and fine of Rs. 1,000/-
and in default of payment of
fine amount rigorous
imprisonment for 01 month.
Appellant no. 2:-
Conviction Sentence
Under Section 325/34 of Rigorous Imprisonment for 03
Indian Penal Code years and fine of Rs. 1,000/-
and in default of payment of fine
amount rigorous imprisonment
for 01 month.
Appellant no. 3:-
Conviction Sentence
Under Section 325/34 of Rigorous imprionment for 03
Indian Penal Code years and fine of Rs.. 1,000/-
and in default of payment of
fine amount rigorous
imprisonment for 01 month.
Learned Counsel appearing for the Appellants contended
that the appellants have prima facie good case in their favor and
they are hopeful to succeed on it. The appellant no. 1 was in jail
for the period from 08.07.2019 to 24.10.2019 and thereafter he
was on bail. The appellant no. 2 was on bail during trial and the
appellant no. 3 was in jail for the period from 02.09.2020 to
17.09.2020 and the period from 22.08.2024 to 23.08.2024 and for
rest of the period he was on bail. Even after pronouncement of
the impugned judgment and appellants have been granted bail
under Section 430(3) of the BNSS, 2023. The disposal of this
Criminal Appeal is likely to take long time. The appellants are
ready to abide all the terms and conditions which may be
imposed by this Hon'ble Court while suspending the jail sentence
of the appellants
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused/appellants which
connects them with the crime and chain of circumstances are fully
linked and completed with each other.
I have heard learned counsel for the parties and perused
the record with utmost circumspection.
Considering the totality of the facts, in particular the short
sentence awarded to the appellants and they have not misused
the liberty granted by the concerned court and the period of
detention without further commenting on merits, I am of the
opinion that present is a fit case to suspend the jail sentence
imposed upon the appellants.
Accordingly, the substantive jail sentence imposed upon
the appellants by the learned trial court is hereby suspended. The
appellants by the learned trial court is hereby suspended. The
appellants shall be released on bail on their executing a bail bond
of Rs. 10,000/- each with one surety in the like amount to the
satisfaction of the concerned Trial court for their appearance
before the Registry of this Court on 18.03.2025. Thereafter, they
shall 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
Trial Court, till the final disposal of this appeal.
Consequently, IA No. 01//2025 stands allowed.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
