Shiva @ Chotu vs State Of Chhattisgarh
2021 Latest Caselaw 97 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
               Proceeding Through Video Conferencing
                          CRA No. 536 of 2018
Shiva @ Chotu S/o Ramkumar Goswami, aged about 18 years, R/o quarter No.
150 Atal Awas Rajnandgaon Thana Basantpur, District Rajnandgaon (C.G.)
                                                                    ......Appellant
                                     Versus
State of Chhattisgarh through Station House Officer Police Station Basantpur
District Rajnandgaon (C.G.)
                                                                .......Respondent

13/04/2021 Mr. N.K. Malaviya, Advocate for the appellant

Mr. Dinesh Tiwari, Dy. Govt. Advocate for the State.

Heard on I.A. No. 02/2018, application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment dated 19/09/2017 passed in S.T. No. 17/2017 by the Second Additional Sessions Judge, Rajnandgaon, Distt. Rajnandgaon, the appellant stands convicted and sentenced as under:

Conviction Sentence

Under Section 307 Rigorous imprisonment for 7 of the Indian Penal years and to pay fine of Rs.

Code 2000/- with default stipulation.

Under Section 327 Rigorous imprisonment for 3 of the Indian Penal years and to pay fine of Rs.

Code 1000/-, with default stipulation

All the sentences were directed to run concurrently.

Learned counsel for the appellant submits that there are material contradictions and omissions in the statements of the prosecution witnesses and as such the prosecution has failed to establish its case against the appellant beyond all the reasonable doubt. He further submits that co-accused Pramod Sahu has already been granted bail by the Co-ordinate Bench of this Court vide order dated 09/10/2018 passed in CRA No. 1342/2018, therefore, the appellant may also be released on the ground of parity.

On the other hand, state counsel opposes the bail application.

Considering the facts and circumstances of the case, detention period of the appellant, particularly the fact that other co- accused has already been granted bail by the Co-ordinate Bench of this Court and disposal of this appeal is likely to take some time, without expressing anything on the merits of the case, this Court is of the opinion that present is a fit case to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No. 02/2018 is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 15th June, 2021. Thereafter, he shall appear before the trial Court on the date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as will be given to him by the said Court, till the disposal of these appeal.

List this case for final hearing along with CRA No. 1342/2018 in due course.

Sd/-

(Gautam Chourdiya ) Rahul Judge