Raju Yadav vs State Of Chhattisgarh
2025 Latest Caselaw 1583 Chatt

Citation : 2025 Latest Caselaw 1583 Chatt
Judgement Date : 31 January, 2025

Chattisgarh High Court

Raju Yadav vs State Of Chhattisgarh on 31 January, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRA No. 170 of 2025


Raju Yadav S/o Bharat Yadav Aged About 28 Years R/o Kurmi Para
Mahasamund Police Station And District - Mahasamund (C.G.)
                                                                      ... Appellant

                                       versus

State   Of   Chhattisgarh    Through   Station   House   Officer   Police   Station
Mahasamund District - Mahasamund (C.G.)                            ... Respondent

(Cause title, as taken from Case Information System)

Order Sheet

31/01/2025 Mr. Arun Kumar Shukla, counsel for the appellant.

Ms. Anuradha Jain, Panel Lawyer for the State/respondent. Heard.

Admit.

Record of the trial Court has been received. Also heard on I.A. No.01/2025, application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 13.01.2025 passed by learned Second Upper Sessions Judge, Mahasamund, District Mahasamund (C.G.) in Sessions Trial No.H 35 / 2024, the appellant has been convicted

and sentenced as under:-

Sl. Conviction Jail Sentence Fine Default No. u/S Sentence Stipulation

01. 323, IPC R.I. for 6 Rs.500/- R.I. for 3 months months

02. 307, IPC R.I. for 7 Rs.1000/- R.I. for 3 years months All the jail sentences are directed to be run concurrently.

Learned counsel for the appellant would submit that though in instant case, there are two injured persons, but each of them had sustained single injury. No internal organ of the victim -Gopi Dhivar (PW-1) has been damaged, as such, injury was not likely to cause death of victim. He would further submit that the dispute occurred all of a sudden and there was no intention of appellant to attempt murder of victims, therefore, he prays that application for suspension of sentence of the appellant 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 appellant.

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

Having considered the aforesaid facts and further considering the medical evidence, I feel inclined to allow the application for suspension of sentence and grant of bail to the appellant.

In view of above, I.A. No.01/2025, application for suspension of sentence and grant of bail to the appellant is

allowed.

The substantive jail sentence imposed upon the appellant by the learned trial Court is hereby suspended. He shall be released on bail 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 05.03.2025. 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 matter for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Rukhsar

Digitally signed by RUKHSAR RUKHSAR BANO BANO Date: