Citation : 2025 Latest Caselaw 2074 Chatt
Judgement Date : 21 February, 2025
Digitally
signed by 1/3
ASHISH
ASHISH TIWARI
TIWARI Date:
2025.02.25
17:15:45
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
Order Sheet
CRA No. 723 of 2004
SANTOSH KUMAR versus STATE OF CHHATTISGARH
CRA/969/2004
21/02/2025 Shri Anurag Khatri, Advocate for the appellant in Cr.A.
No.723/2004.
None appeared for the appellant in Cr.A. No. 969/2004.
Ms. M. Asha, P.L. for the respondent/State.
Six accused persons were put to trial before the II
Additional District Judge (FTC), Mungeli, District - Bilaspur
(C.G.) for an offence punishable under sections 395, 395 r/w
397, 412 and 414 of the IPC, 1860.
By the impugned judgment dated 06/08/2004 passed in
Session Trial No.75/2004, the accused Riddhigiri, S/o.
Shankargiri Gowami was convicted for 10 years R.I. under
section 395 of the IPC who preferred an appeal against the
impugned judgment as Cr.A. 942/2024. As the accused -
Riddhigiri has passed away, his appeal stood abated. Accused -
Tukaram, S/o. Bhai Ram preferred an appeal against the
impugned judgment as Cr.A. No. 545/2007 which was dismissed
as having become infructuous vide order dated 20/08/2024
passed by this court. Accused - Chandra Kumar, S/o. Basant Lal
and Ganga Ram, S/o. Bhai Ram were acquitted by the learned
trial court.
Appellant - Santosh Kumar in Cr.A. No. 723/2004 was
convicted for 03 years R.I. for an offence punishable under
section 414 of the IPC and appellant - Bharat Yadao in Cr.A No.
969/2004 was convicted for 10 years R.I. under section 395 of
the IPC.
As per the report received from the O/o. Jail
Superintendent, Central Jail, Bilaspur, appellant - Bharat Yadao
remained in jail as under trial prisoner from 15/07/2003 to
05/08/2004 and after his conviction, he served his sentence from
06/08/2004 to 17/05/2006.
As no representation is made on behalf of Appellant -
Bharat Yadao, the Secretary, High Court Legal Aid Committee,
Bilaspur to appoint a legal aid counsel in Cr.A. No. 969/2004.
This court vide order dated 03/05/2006, suspended the
sentence and granted bail to the appellant - Bharat Yadao, S/o.
Dashrath Yadao in Cr.A. No.969/2004. He was directed to
appear before the Registry of this Court on 24/07/2006 and
thereafter, he was directed to appear before the learned trial
court.
List the case in week commencing 03rd March, 2025.
In the meanwhile, a report be called from the concerned
Trial Court as to whether the appellant - Bharat Yadao, S/o.
Dashrath Yadao is appearing before the trial court or not.
Sd/-
(Sachin Singh Rajput) Judge
Ashish
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