Chattisgarh High Court
Takeshwar Yadav @ Takesh Yadav vs State Of Chhattisgarh on 5 March, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 2254 of 2024
1 - Takeshwar Yadav @ Takesh Yadav S/o Gautam Yadav Aged About 26 Years R/o Village-
Suvartala, P.S. Saja, District Bemetara, District : Bemetara, Chhattisgarh
... Appellant
versus
1 - State Of Chhattisgarh Through S.H.O., P.S. Saja, District : Bemetara, Chhattisgarh
... Respondent
05.03.2025 Mr.Vikram Pratap, Advocate appears on behalf of Mr. Veer
Verma, Counsel for the Appellant.
Ms. Laxmin Kashyap, Panel lawyer for the State.
Victim of the case appeared through DLSA, Bemetara.
Heard on I.A. No. 01/2024, an application under Section
430 of BNSS, 2023 for suspension of sentence and grant of bail.
By virtue of the impugned judgment of conviction and order
of sentence dated 21.02.2024 in Special (Atrocity) Case No.
08/2023 passed by the learned Special Judge (Atrocities)
Bemetara, District Bemetara Chhattisgarh, whereby appellant has
been convicted and sentenced as under:
Conviction Sentence
Under Section 294 of Indian R.I. for 02 months and fine of
Penal Code Rs. 100/- in default of payment
of fine amount further R.I. for
15 days.
Under Section 506 of Indian R.I. for 01 year and fine ofF Rs.
Penal Code 200/- in default of payment of fine
amount, further R.I. for 01 month.
Under Section 354 of Indian R.I. for 04 years and fine of Rs.
Penal Code 1000/- in default of payment of fine
amount, further R.I. for 03 month.
Under Section 456 of Indian R.I for 03 years and fine of Rs. 800/-
Penal Code in default of payment of fine amount
further R.I. for 02 months.
Under Section 3(1)(b)(i) of R.I. for 02 years and fine of Rs. 500/-
SC and ST (Prevention of in default of payment of fine amount
Atrocities) Act further R.I. for 01 month.
All the sentences shall run concurrently.
Learned Counsel appearing for the appellant contended
that the appellant has a prima facie good case in his favor and he
is hopeful to succeed on it. The appellant is in jail from
11.08.2023 though there is nothing on record on the basis of
which he is sentenced. The disposal of this Criminal appeal is
likely to take long time. The appellant is ready to abide all the
terms and conditions which may be imposed by this Hon'ble
Court while suspending the jail sentence of the appellant.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused appellant which connects
them with the crime and chain of circumstances are fully linked
and completed with each other.
Victim of the case appeared and opposed the prayer made
by the learned counsel for the appellant for suspension of
sentence and grant of bail.
I have heard learned counsel for the parties as well as the
victim of the case and perused the record with utmost
circumspection.
Considering the totality of the facts, in particular the short
sentence awarded by the trial court to the appellant, I am of the
opinion that present is a fit case to suspend the jail sentence
imposed upon the appellant.
Accordingly, the substantive jail sentence imposed upon
the appellant by the learned trial court is hereby suspended. The
appellant by the learned trial court is hereby suspended. The
appellant shall be released on bail on his executing a bail bond of
Rs.10,000/- with one surety in the like amount to the satisfaction
of the concerned Trial court for his appearance before the
Registry of this Court on 19.03.2025. Thereafter, he shall 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 Trial Court, till
the final disposal of this appeal.
Consequently, IA No. 01/2024 stands allowed.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
