Chattisgarh High Court
Harishankar Yadav vs State Of Chhattisgarh on 30 January, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2171 of 2024
1 - Harishankar Yadav S/o Nandgopal Yadav Aged About 43 Years R/o
Village Chundapath Police Station Bagicha District - Jashpur (C.G.) (As
Per Impugned Judgement )
2 - Prabal Pratap Singh Yadav S/o Ram Yadav Aged About 22 Years R/o
Village Baghima Police Station Jashpur District - Jashpur (C.G.) (As Per
Impugned Judgement )
3 - Khushi Lal Yadav S/o Ram Lal Yadav Aged About 27 Years R/o Village
Medakona Police Chowki Pandarapath Police Station Bagicha District -
Jashpur (C.G.) ( As Per Impugned Judgement )
4 - Krishna Yadav S/o Nakchedi Yadav Aged About 65 Years R/o Village
Tedpath Police Chowki Pandarapath Police Station Bagicha District -
Jashpur (C.G.) ( As Per Impugned Judgement)
5 - Nandgopal Yadav S/o Sajjan Ram Yadav Aged About 59 Years R/o
Village Sardapath Pakritoli Police Station Bagicha District - Jashpur (C.G.)
(As Per Impugned Judgement )
... Appellants
versus
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State Of Chhattisgarh Through Police Station Bagicha District - Jashpur
(C.G.)
... Respondent
Order Sheet
30/01/2025 Mr. Vedant Shadangi, counsel for the appellant.
Mr. Keshav Prasad Gupta, Govt. Advocate for the Sate /
respondent.
Heard on admission.
Admit.
Issue notice to the respondent.
Learned State counsel accepts notice on behalf of the
State/respondent, therefore, issuance of notice to it, is
dispensed with.
Also heard on I.A. No.1/2024, application under Section
430 (2) of B.N.S.S. for suspension of sentence and for grant
of bail to the appellants during pendency of appeal.
By the impugned judgment of conviction and order of
sentence dated 11.11.2024 (Annexure-A/1) passed by the
learned Special Judge, Scheduled Caste & Scheduled Tribe
(Prevention of Atrocity) Act 1989 Jashpur, District Jashpur
(C.G.) in Special (SC/ST) Case No.10/2019, each of the
appellants has been convicted and sentenced as under :-
S.No. Conviction Sentence
01. U/s. 147 of Indian R.I. for 1 year with fine of
Penal Code, 1860 Rs.500/-, default of
payment of fine, to further
undergo simple
imprisonment for five days.
02. U/s. 325 read with R.I. for 1 year with fine of
Section 149 of Rs.500/- and in default of
Indian Penal Code, payment of fine, S.I. for 5
1860 days.
03. U/s. 506 part-II of R.I. for 6 months
Indian Penal Code,
04. U/s. 324 of Indian R.I. for 6 months
Penal Code, 1860
05. U/s. 3(1)(s) of R.I. for 6 months with fine
SC/ST Atrocity Act, of Rs.500/- and in default
1989 of payment of fine, S.I. for
5 days.
06. U/s. 3(2)(va) of R.I. for 6 months with fine
SC/ST Atrocity Act, of Rs.500/- and in default
1989 of payment of fine, S.I. for
5 days.
All the sentences were directed to run concurrently.
Learned counsel appearing for the appellants/accused
would submit that appellants were on bail during trial and
never misused the liberty granted to them during bail period. It
is further submitted that maximum sentence awarded to the
appellants is one year and appellants have a good case to get
success in appeal. 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.
Today, Victim/complainant appeared along with his father
through video conferencing from DLSA Jashpur (C.G.) and
raised strong objection in respect of I.A. No.1/2024, application
under Section 430 (2) of B.N.S.S. for suspension of sentence
and grant of bail as well as on memo of appeal.
I have heard learned counsel for the parties and perused
the record carefully.
Taking into consideration the facts of the case,
particularly considering the short term sentence imposed upon
the appellant and further considering the fact that appellants
were on bail during trial, hence, 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.1/2024, application under
Section 430 (2) for suspension of sentence 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 their executing a personal
bond in the sum of Rs.10,000/- 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 04.03.2025.
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 thereafter.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit
AMIT Digitally signed
by AMIT KUMAR
KUMAR DUBEY
Date: 2025.01.30
DUBEY 17:59:44 +0530
