Arvind Yadav vs State Of Chhattisgarh
2025 Latest Caselaw 185 Chatt

Chattisgarh High Court

Arvind Yadav vs State Of Chhattisgarh on 8 May, 2025

                                                                               Digitally
                                                                               signed by
                                                                               SAURABH
                                                                       SAURABH YADAV
                                                                       YADAV   Date:
                                                                               2025.05.08
                                                                               16:54:38
                                                                               +0530




                                                                                       NAFR


               HIGH COURT OF CHHATTISGARH AT BILASPUR



                              CRA No. 1962 of 2024


1. Arvind Yadav S/o Rajaram Yadav, aged about 31 years

2. Rajaram Yadav S/o Late Mr. Rampal Yadav, aged about 55 years

3. Kusum Yadav W/o Rajaram Yadav, aged about 50 years

4. Vandana Yadav D/o Rajaram Yadav, aged about 30 years

   All are Resident of Village: Chhivlaha, P.S: Hathgaam, District: Fatehpur, U.P. Also

   Room No. 1, Chawl No. 2, Opposite Navjeevan Society, Konkan Nagar West,

   Chembur, Mumbai, Maharashtra. (Presently Residing At G- 1016, High Court

   Colony, Chakrbhata, Bilaspur, C.G.)

                                                                       ... Appellants

                                     Versus

   State of Chhattisgarh through The S.H.O., P.S. Chakarbhata, District : Bilaspur,

   Chhattisgarh

                                                                    ... Respondent(s)

08.05.2025 Mr. Sabyasachi Bhaduri, Counsel for the appellants.

Mr. Arpit Agrawal, P.L. for the State/Respondent. Mr. Arvind Shrivastava, Counsel for the Objector.

Heard I.A. No. 2 of 2025, an application under Section 430 of

B.N.S.S. of 2023 seeking suspension of sentence and grant of bail to

appellant No. 2 to 4.

By virtue of the impugned judgment dated 17.10.2024 passed in

Sessions Case No. 302 of 2021 by the learned Third Additional Sessions

Judge, Bilaspur (C.G.) the appellant No. 2 to 4 have been convicted under

Section 498-A of IPC and sentenced to undergo RI for 2 years and fine of

Rs. 1,000/- each with default stipulations.

Learned counsel appearing for the appellants submits that

appellant No. 2 to 4 were on bail during trial and have never misused the

terms and conditions imposed upon them and therefore, contended that

the jail sentence awarded by the Trial Court be suspended and, prayed for

suspension of sentence and grant of bail to them.

On the other hand, learned counsel appearing for the respondent

and Objector have opposed the said application.

Having considered the contention of the parties and taking into

consideration that since the appellant No. 2- Rajaram Yadav, Appellant

No. 3 - Kusum Yadav and appellant No. 4- Vandana Yadav were on bail

during trial and have never misused the liberty granted to them, we are,

therefore, inclined to allow this application.

Accordingly, I.A. No. 2 of 2025 is hereby allowed and it is directed

that the execution of substantive jail sentences imposed upon the

appellants No. 2 to 4 shall remain suspended during the pendency of this

appeal and they shall be released on bail on each of them executing a personal bond for sum of Rs. 25,000/- with one surety of like sum to the

satisfaction of the concerned Trial Court for their appearance before the

said Court on 14.07.2025 and thereafter continue to appear on such

further dates as are given to them in that behalf, till the disposal of this

appeal.

List this case for final hearing in due course.

                       Sd/-                                Sd/-
                (Sanjay S. Agrawal)               (Radhakishan Agrawal)
                      JUDGE                              JUDGE




Saurabh