Chattisgarh High Court
Rahul Yadav And Another vs State Of Chhattisgarh on 10 June, 2025
1/4
Digitally
signed by
BHOLA
BHOLA NATH
NATH KHATAI
KHATAI Date:
2025.06.11
18:57:44
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 870 of 2025
1 - Rahul Yadav S/o Tikeshwar Yadav Aged About 22 Years R/o
Shyamnagar Antagarh, P.S.- Antagarh, District- North Bastar Kanker
(C.G.)
2 - Tikeshwar Yadav S/o Durga Prasad Yadav Aged About 43 Years R/o
Shyamnagar Antagarh, P.S.- Antagarh, District- North Bastar Kanker
(C.G.)
... Appellants
versus
State Of Chhattisgarh Through The Station House Officer, Police Station -
Antagarh, District- North Bastar Kanker (C.G.)
... Respondent
Order Sheet
10/06/2025 Mr. D. N. Prajapati, counsel for appellants.
Mr. Vivek Sharma, P.L. for State.
Heard on I.A. No.01/2025, application under Section 430
of BNSS for suspension of Sentence and Grant of bail.
By the impugned judgment dated 11.04.2025 passed by
learned Special Judge, SC & ST (Prevention of Atrocities ) Act,
Kanker, District North Bastar Kanker (CG) in Special Criminal
Case No. 15/2024, the appellants have been convicted and
sentenced as under:-
Accused Conviction Sentence
Rahul U/s 294 IPC R.I. for 1 month and fine of Rs.
100/-, in default of fine, additional
Yadav
R.I. for 10 days.
U/s 506 R.I. for 6 months and fine of Rs.
100/-, in default of fine, additional
Part-II IPC
R.I. for 10 days.
U/s 324/34 R.I. for 1 year and fine of Rs.
100/-, in default of fine, additional
R.I. for 10 days.
U/s 3(1)(द) R.I. for 6 months and fine of Rs.
100/-, in default of fine, additional
of SC/ST Act R.I. for 10 days.
U/s 3(1)(ध) R.I. for 6 months and fine of Rs.
100/-, in default of fine, additional
of SC/ST Act R.I. for 10 days.
U/s 3(2)(vक ) R.I. for 1 year and fine of Rs.
100/-, in default of fine, additional
of SC/ST Act R.I. for 10 days.
U/s 25 of R.I. for 2 years and fine of Rs.
Arms Act 100/-, in default of fine, additional
R.I. for 10 days.
U/s 27 of R.I. for 3 years and fine of Rs.
Arms Act 100/-, in default of fine, additional
R.I. for 10 days.
Tikeshwar U/s 324/34 R.I. for 1 year and fine of Rs.
Yadav 100/-, in default of fine, additional
R.I. for 10 days.
U/s 506 R.I. for 6 months and fine of Rs.
100/-, in default of fine, additional
Part-II IPC
R.I. for 10 days.
U/s 3(2)(vक ) R.I. for 1 year and fine of Rs.
100/-, in default of fine, additional
of SC/ST Act R.I. for 10 days.
U/s 25 of R.I. for 2 years and fine of Rs.
Arms Act 100/-, in default of fine, additional
R.I. for 10 days.
U/s 27 of R.I. for 3 years and fine of Rs.
Arms Act 100/-, in default of fine, additional
R.I. for 10 days.
(All the sentences were directed to run concurrently).
Learned counsel for the appellants submits that the
appellants are innocent and have been falsely implicated in this
case. The appellants are father and son. During trial they were
on bail and even after passing of the impugned judgment, they
are on bail. The appellants have already deposited the fine
amount imposed upon them. He submits that the maximum
sentence imposed upon the appellants is 3 years out of which
they have served the jail sentence of 3 days. He further
submits that the appeal is likely to take sometime for its
conclusion, therefore, the jail sentence of the appellant may be
suspended till the final disposal of the case.
On the other hand, learned State counsel opposes the
bail application.
No one appeared for the victim/prosecutrix/complainant,
despite service of notice.
Considering the entire facts and circumstances of the
case particularly the fact that the appellants are already on bail,
the fine amount has already been deposited, the appellants
have already served the jail sentence of 3 days and the final
disposal of this appeal is likely to take considerable time, the
application (I.A. No.01) is allowed. It is directed that the
substantive jail sentence imposed upon the appellants shall
remain suspended till final disposal of this case on their
executing a personal bond for a sum of Rs. 25,000/- with one
surety each for the like sum to the satisfaction of the trial Court
for their appearance before the Registry of this Court on 9th
July, 2025. He shall thereafter appear before the concerned
trial Court on a date to be given by the Registry of this Court
and thereafter, continue to appear before the trial Court on all
such subsequent dates as are given to them by the said Court
till disposal of this appeal.
Records of the Trial Court has already been received.
List this case for final hearing in its chronological order.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
