Chattisgarh High Court
Jhuman Sahu vs State Of Chhattisgarh on 24 March, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 136 of 2025
Jhuman Sahu S/o Jagdish Ram Sahu Aged About 34 Years R/o
ROHIT Kranti Nagar, Zone No. 03, Khursipar, District Durg Chhattisgarh.
KUMAR
CHANDRA
--- Appellant
Digitally signed by
ROHIT KUMAR
versus
CHANDRA
Date: 2025.03.25 State of Chhattisgarh Through Police Station Khursipar, District Durg
10:40:53 +0530
Chhattisgarh
--- Respondent
CRA No. 208 of 2025
Yashwant Kumar Yadav S/o Pawan Yadav Aged About 26 Years R/o
Village Jammul, Ward No. 13 Tehsil And District Durg (Chhattisgarh)
---Appellant
Versus
State of Chhattisgarh Through S.H.O., Khursipar, District- Durg
(Chhattisgarh)
--- Respondent
Balram Kshatriya S/o Ranjit Kshatriya Aged About 32 Years R/o
Kranti Nagar, Zone-03, Khursipar, Police Station Khursipar, District-
Durg (C.G.)
--- Appellant
Versus
State of Chhattisgarh Through Station House Officer, Police Station
Khursipar, District- Durg (C.G.)
--- Respondent
Order Sheet
24/03/2025 Heard Mr. Arvind Prasad, learned counsel for the
appellant CRA No. 136/2025, Mr. Prateek Singh Thakur,
learned counsel for the appellant in CRA No.208/2025 as
well as Ms. Nirupama Bajpai, learned counsel for the
appellant in CRA No. 422/2025. Also heard Mr.Shashank
Thakur, learned Deputy Advocate appearing for the
State/respondent.
Admit.
Since Mr. Shashank Thakur, learned Deputy
Advocate has put in appearance on behalf of the
respondent, there is no need to issue fresh notice to the
respondent.
Trial Court record has been received and paper-
book has already been prepared.
Also heard on I.A. No. 01 of 2025, which is an
application for suspension of sentence and grant of bail to
appellant - Yashwant Kumar Yadav in CRA No. 208/2025.
By the impugned judgment of conviction and order
of sentence dated 17.12.2024, the 6th Upper Sessions
Judge, Durg (C.G.) in Special Case No. 95/2022 has
convicted the appellant - Yashwant Kumar Yadav for the
offence punishable under Section 201 of the IPC and
sentenced him to undergo R.I. for 4 years and fine of
Rs.300/- in default of payment of fine, additional R.I. for
03 months.
It has been argued by Mr. Prateek Singh Thakur,
learned counsel for the appellant - Yashwant Kumar
Yadav in CRA No. 208/2025 that the appellant has been
convicted under Section 201 of the IPC and sentenced to
undergo R.I. for 4 years and the appellant has remained
in jail since 10.02.2022 till 26.02.2022 and he was on bail
during the trial and thereafter, he is in jail since
17.02.2024 and the appeal is likely to take a couple of
years or even more in its final disposal, hence he prays
that the appellant be enlarged on bail.
However, Mr. Shashank Thakur, learned Deputy
Advocate, appearing for the State formally opposes the
prayer for grant of bail.
We have heard learned counsel for the parties and
perused the documents appended with the bail
application.
Taking into account that the appellant - Yashwant
Kumar Yadav has been convicted Section 201 of the IPC
and sentenced to undergo R.I. for 4 years and he has
remained in jail since 10.02.2022 till 26.02.2022 and he
was on bail during the trial, thereafter, he is in jail since
17.02.2024 and hearing of this appeal would take
prolonged period of time, we deem it appropriate to allow
the application for suspension of sentence and grant of
bail moved on behalf of appellant - Yashwant Kumar
Yadav
Accordingly, the substantive jail sentence awarded
to appellant - Yashwant Kumar Yadav by the learned
trial Court is hereby suspended. He shall be released on
bail on his executing bail bond with one surety to the
satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on
10.06.2025. 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.
Consequently, IA No. 1 of 2025 in CRA No.
208/2025 is allowed.
It is made clear that the observations made
hereinabove are only confined for disposal of aforesaid IA
filed in this appeal and it shall not be construed as an
expression of opinion of this Court on the merits of the
matter.
The State may file its reply/objection to I.A. No. 01
of 2025, applications for suspension of sentence and
grant of bail filed in CRA No. 136/2025 and CRA No.
422/2025 within a period of two weeks.
List these matters for consideration on I.A. No.1 of
2025, applications for suspension of sentence and grant
of bail after filed in CRA No. 136/2025 and CRA No.
422/2025 four weeks.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Chandra
