Praful Yadav vs State Of Chhattisgarh
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Chattisgarh High Court

Praful Yadav vs State Of Chhattisgarh on 16 January, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRA No. 2141 of 2024

Praful Yadav S/o Neelambar Yadav Aged About 38 Years R/o- Khirsali Para
Shyang, Thana- Shyang, District- Korba, C.G. (In Jail)
                                                                           ... Appellant(s)
                                                  versus
State Of Chhattisgarh Through - Thana In Charge, Shyang, District- Korba, C.G.
                                                                         ... Respondent(s)

Order Sheet

16/01/2025 Mr. Anand Kumar Gupta, counsel for the appellant.

Mr. Ajay Kumrani, Panel Lawyer for the State/ respondent.

Heard on IA No.01/2024, application under Section 430 of the Bharatiya Nagarik Surakhsa Sanhita, 2023 for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated 24.9.2024 passed by Third Upper Sessions Judge, Korba (CG) in Session Case No.33/2023, the appellant has been convicted and sentenced as under:-

Conviction Sentence Fine Default u/s

307 IPC RI for 07 Rs.500/- RI for 02 years months

by BINI BINI PRADEEP PRADEEP Date: 2025.01.17 10:54:48 +0530

Learned counsel for the appellant submits that the appellant and the victim are husband and wife and the said incident occurred in drunken condition as both were consuming liquor at the time of the incident. He further submits that during the pendency of the case, the appellant was on bail and except fracture in ulna bone, no any other grievous injury has been reported on the body of the victim, hence, the jail sentence awarded to the appellant may be suspended.

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

Heard learned counsel for the parties and perused the record.

Having considered the medical evidence, wherein only one fracture has been reported out of two injuries sustained to the victim and also considering the fact that at the time of incident, the appellant and his wife (victim) were allegedly consuming liquor, hence, I feel inclined to allow the application for suspension of sentence and grant of bail to the appellant.

In view of the above, IA No.01/2024 is allowed. The substantive jail sentence imposed upon the appellant by the learned trial Court is hereby suspended. He shall be released on his 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 his appearance before the Registry of this Court on 18.02.2025. 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 him by the said Court, interval being not less than 6 months, till final disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Bini