Vikas Yadav vs State Of Chhattisgarh
2025 Latest Caselaw 1156 Chatt

Chattisgarh High Court

Vikas Yadav vs State Of Chhattisgarh on 13 January, 2025

                                                              1




                                  HIGH COURT OF CHHATTISGARH AT BILASPUR
        Digitally
        signed by
        RUKHSAR
RUKHSAR BANO
                                                    CRA No. 2128 of 2024
BANO    Date:
        2025.01.13

                     1 - Vikas Yadav S/o Late Laxman Yadav Aged About 25 Years Resident Of Ward
        17:15:47
        +0530




                     No. 11, Kamlanagar Sarangarh, P.S. Sarangarh, District Sarangarh-Bilaigarh,
                     Chhattisgarh.
                     2 - Puran Yadav S/o Udal Yadav Aged About 23 Years Resident Of Ward No. 11,
                     Kamlanagar Sarangarh, P.S. Sarangarh, District Sarangarh-Bilaigarh (CG)
                     3 - Umesh Sidar S/o Gautam Sidar Aged About 23 Years Resident Of Ward No.
                     11, Kamlanagar Sarangarh, P.S. Sarangarh, District Sarangarh-Bilaigarh (CG)
                     4 - Shivratan Sidar S/o Late Tengnu Sidar Aged About 27 Years Resident Of
                     Ward No. 11, Kamlanagar Sarangarh, P.S. Sarangarh, District Sarangarh-
                     Bilaigarh (Chhattisgarh)
                     5 - Vedprakash Chouhan S/o Guruprasad Chouhan Aged About 25 Years
                     Resident Of Ward No. 11, Kamlanagar Sarangarh, P.S. Sarangarh, District
                     Sarangarh-Bilaigarh (Chhattisgarh)                                     ... Appellants

                                                            versus

                     State Of Chhattisgarh Through- The Police Station Sarangarh, District
                     Sarangarh-Bilaigarh (Chhattisgarh)                                 ... Respondent

(Cause title, as taken from Case Information System)

Order Sheet

13/01/2025 Mr. Raghvendra Pradhan, counsel for the appellants.

Ms. Sunita Manikpuri, Dy. G.A. for the State/respondent. Heard.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of State/respondent, therefore, issuance of notice to it, is dispensed with.

Also heard on I.A. No.1/2024, application for suspension of sentence under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and grant of bail to the appellants.

By the impugned judgment of conviction and order of sentence dated 26.10.2024 passed by the learned Special Judge {under SC & ST (Prevention of Atrocities) Act} Raigarh, District Raigarh (C.G.) in Special Criminal Case under the Atrocities Act /02 /2023, the appellants have been convicted and sentenced as under :-

   S.No.          Conviction                   Sentence

     01.   Section 148 of IPC        1 year R.I. and fine of
                                     Rs.1000/-,     in     default    of
                                     payment of fine, to undergo
                                     R.I. for 02 days.


     02.   Section 325 of IPC        3 years R.I. and fine of
                                     Rs.1000/-,     in     default    of
                                     payment of fine, to undergo
                                     R.I. for 02 days.

03. Section 325/149 of IPC 3 years R.I. and fine of Rs.1000/-, in default of payment of fine, to undergo R.I. for 02 days.

Learned counsel for the appellants would submit that the appellants have a good case in appeal, aforesaid fine amount has already been deposited and sentence has also been suspended by the

Trial Court. During trial, appellants were on bail and never misused the same, therefore, he prays that application for suspension of sentence of the appellants may be allowed and sentence may be suspended till the decision of this appeal.

Per contra, learned State counsel opposes the application for suspension of sentence and grant of bail to the appellants.

I have heard learned counsel for the parties and perused the record carefully.

Taking into consideration the material available on record, particularly the short sentence, i.e., 3 years imposed upon the appellants, I feel inclined to allow the application for suspension of sentence and grant of bail to the appellants.

In view of above, I.A. No.01/2024, application for suspension of sentence under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and grant of bail to the appellants is allowed.

The substantive jail sentence imposed upon the appellants by the learned trial Court is hereby suspended. They shall be released on bail on each of their executing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 14.02.2025. They 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.

List this matter for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge Rukhsar