Dilawar Yadav @ Dileshwar Yadav vs State Of Chhattisgarh on 5 March, 2025

Chattisgarh High Court

Dilawar Yadav @ Dileshwar Yadav vs State Of Chhattisgarh on 5 March, 2025

                                                    -1-




                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRA No. 669 of 2023

             Dilawar Yadav @ Dileshwar Yadav S/o Radheshyam Yadav Aged About 25
             Years (Now 26 Years), R/o Awaspara, Ranibachhali, Police Station -
             Ratanpur, District - Bilaspur (C.G.)
                                                                         ...Appellant


                                                versus


             State Of Chhattisgarh Through Station House Officer Police Station
             Ratanpur, District - Bilaspur (C.G.)
                                                                     ... Respondent

Order Sheet

05/03/2025 None appears for the appellant.

Ms. Ankita Shukla, Panel Lawyer for the State.

The matter is listed for orders on IA No.1 of 2023,

Digitally
which is an application under Section 389 of the Cr.P.C. for
signed by
PRAVEEN
KUMAR
SINHA
suspension of sentence and grant of bail to the appellant.
Date:

2025.03.05
17:48:43
+0530
-2-

By the impugned judgment of conviction and order of

sentence dated 27.02.2023 passed in Special Criminal Case

(POCSO Act) No.209/2021, the learned Additional Sessions

Judge , Second Fast Track Special Court, Bilaspur (CG) has

convicted and sentenced the appellant in the following

manner:

Conviction Sentence Fine In default
under (Rigorous of payment
Section imprisonment) of fine add.

R.I.
Section 354 of IPC 3 years Rs. 1,000/- 6 months
Section 7/8 of 3 years Rs. 1,000/- 6 months
POCSO Act

The appellant has been convicted for the offence

punishable under Section 354 of IPC and Section 7/8 of the

POCSO Act and he has been sentenced to undergo RI for 3

years on both counts, both the sentences to run

concurrently. He is in jail since 10.12.2021 and thereby he

has already served out 2 years 3 months and 10 days of jail

sentence. The appellant was on bail during trial.

Ms. Ankita Shukla, learned Panel Lawyer, appearing

for the State opposes the application for grant of bail.

Considering the facts and circumstances of the case,

further considering the law laid down by the Hon’ble Apex

Court in Atul Alias Ashutosh vs. State of Madhya
-3-

Pradesh (2024) 3 SCC 663 and Nanhe Lal Verma vs.

State of Madhya Pradesh (Arising out of SLP (Criminal)

No. 14769 of 2024) decided on 25.11.2024 and further

considering the fact that the appellant has already served

out 2 years 3 months and 10 days of jail sentence out of the

total sentence awarded to him and further considering that

hearing of this appeal would take prolonged period of time, if

the bail is not granted to the appellant, the present appeal

would become infructuous, as such, I deem it appropriate to

allow the application for suspension of sentence and grant of

bail moved on behalf of the appellant.

Accordingly, the substantive jail sentence awarded to

appellant by the learned trial Court is hereby suspended. He

shall be released on bail on his executing bail bond to the

satisfaction of the concerned trial Court for his appearance

before the Registry of this Court on 28.04.2025. 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. 01 of 2023 is allowed.
-4-

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 merits of the case.

Let a copy of this order be sent to Principal District

Judge, Bilaspur (CG) for being communicated to the

appellant who is confined in jail, within 24 hrs.

List this matter for final hearing.

Certified copy, as per rules.

S Sd/-

(Ramesh Sinha)
Chief Justice

Praveen