Rajendra Kumar Yadav @ Motu vs State Of Chhattisgarh
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Chattisgarh High Court

Rajendra Kumar Yadav @ Motu vs State Of Chhattisgarh on 25 March, 2025

                          HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                 Order Sheet
                                                CRR No. 389 of 2025

               1 - Rajendra Kumar Yadav @ Motu S/o Mantriram Yadav Aged About 43 Years R/o
               Kolihadevari P.S. Baloda District - Janjgir - Champa (C.G.)
                                                                           Applicant(s)

                                                        versus

               1 - State Of Chhattisgarh Through District Magistrate Janjgir District - Janjgir - Champa
               (C.G.)                                                          ---- Respondent

25/03/2025 Heard Mr. Asseem Bhagwat, learned counsel for applicant. Also

heard Mr. Vivek Sharma, learned Panel Lawyer, appearing for

Respondent-State, on the instant application for suspension of sentence

and grant of bail i.e. I.A. No. 1 of 2025.

By the impugned judgment of conviction and order of sentence dated

07.03.2025, learned 5th Additional Sessions Judge, Janjgir, District

Janjgir Champa (C.G.) in Special Criminal Appeal No. 118/2024, has

convicted and sentenced the applicant as under:-

Digitally signed by JYOTI JHA Date:

2025.03.25 17:47:46 +0530 Conviction Sentence

u/s 304 of IPC R.I. for 1 year with fine of Rs.

1000/- in default of which additional S.I. for 15 days.

u/s 3/181 of Motor Vehicles Act, Fine of Rs. 1000/- in default of 1988 which additional S.I. for 15 days.

Learned Counsel for Convict/applicants has argued that the

maximum sentence which has been awarded to the applicant is of 1 year.

He submits that during the trial, he was on bail and he has not misused

the liberty so granted by the concerned Court. Moreover, he is in jail since

07.03.2025 and the appeal is likely to take sometime for its final disposal,

therefore he may be released on bail.

On the other hand, learned State Counsel opposes the bail

application.

Considering the totality of the facts, in particular the short sentence

awarded to the applicant and he has not misused the liberty granted by

the concerned Court, without further commenting on merits, I am of the

opinion that present is a fit case to suspend the jail sentence imposed

upon the applicant.

Accordingly, the substantive jail sentence imposed upon the applicant by the learned concerned Court is hereby suspended. The

applicant shall be released on bail on his executing a bail bond of Rs.

5,000/- with one surety in the like amount to the satisfaction of the

concerned Court for his appearance before the Registry of this Court on

05.05.2025. Thereafter, He shall appear before the concerned 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 stands allowed.

List this case for final hearing in due course.

SD/-

(Arvind Kumar Verma) Judge

Jyoti