Citation : 2025 Latest Caselaw 2418 Chatt
Judgement Date : 11 March, 2025
1/4
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 502 of 2025
1 - Raj Kumar S/o Kewala Prasad Aged About 29 Years R/o Village Khada, Police
Station Patna, District Koria Chhattisgarh
2 - Mahendra Yadav S/o Jitan Ram Yadav Aged About 22 Years R/o Village Khada,
Police Station Patna, District Koria Chhattisgarh
3 - Chandrika Yadav S/o Shivratan Yadav Aged About 21 Years R/o Village Khada,
Police Station Patna, District Koria Chhattisgarh
... Appellant(s)
versus
1 - State Of Chhattisgarh Through The Officer-In-Charge Patna, District Koria
Chhattisgarh
... Respondent(s)
Order Sheet
11/03/2025 Mr. Hemant Kumar Agrawal, Counsel for the
appellant.
Mrs. Sunita Sahu, Panel Lawyer for the State.
Heard on admission as well as I.A. No. 01/2025,
an application for suspension of sentence and grant of
bail.
By the impugned judgment and conviction dated
14.02.2025 passed by the Additional Sessions Judge,
Baikunthpur, District- Korea, C.G. in Sessions Trial No.
70/2022, the appellant stands convicted as under:
Conviction Sentence
U/s 294 of IPC RI for 3-3 months
U/s 506(II) of IPC RI for 6-6 months
U/s 325 of IPC RI for 1-1 year and fine of
Rs. 5000/- and Rs. 5000/-, in
default of fine, additional RI
for 1 month.
Learned Counsel for the Appellant contended that
the appellant has prima facie good case in his favor
and he is hopeful to succeed on it. The applicant is on
bail during trial. 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 applicant.
Learned State Counsel objected the prayer
stating that in the judgment rendered by the Trial Court
all incriminating circumstances are against the
accused/applicant which connects him with the crime
and chain of circumstances are fully linked and
completed with each other.
I have heard learned Counsel for the parties and
perused the record with utmost circumspection.
Considering the totality of the facts, in particular
the short sentence awarded 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 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 04.04.2025. Thereafter, she
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 final disposal
of this appeal.
Consequently, I.A. No. 01/2025 stands allowed.
Admit.
Call for the records from the concerned Trial
Court.
List this case for final hearing in due course.
Sd/-
(Arvind Kumar Verma) Judge
Madhurima
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