Chattisgarh High Court
Narendra Sona vs State Of Chhattisgarh on 2 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 899 of 2019
1. Narendra Sona S/o Sidesh Sona, aged about 20 years R/o Behind of Marin
Drive, Jal Vihar Colony, Police Station - Telibandha, District : Raipur,
Chhattisgarh.
2. Navin Sona S/o Sidesh Sona, aged about 19 years, R/o Behind of Marin Drive,
Jal Vihar Colony, Police Station - Telibandha, District : Raipur, Chhattisgarh.
---- Appellants
Versus
State of Chhattisgarh through Station House Officer, Police Station - Mujgahan
District : Raipur, Chhattisgarh
---- Respondent
02.08.2021 Mr. Y.C. Sharma, Senior Advocate along with Mr. Ajay Chandra,
Counsel for the Appellants.
Mr. Akash Pandey, P.L. for the State/Respondent.
Heard on I.A. No. 01/2019, an application for suspension of
sentence and grant of bail to the Appellants.
By the impugned judgment date 14.05.2019 passed in Sessions
Case No.28/2018 by the learned Fourth Additional Sessions Judge,
Raipur, District: Raipur (C.G.) the Appellants stands convicted as
mentioned below:
Conviction Sentence In Default
U/s 307 read with 34 RI for 5-5 years with a In default of payment
of IPC fine amount of Rs.500- of fine amount
500/- each. additional SI for 1-1
month.
Learned counsel for the Appellants submits that the Appellants
have been wrongly convicted by the Trial Court in the judgment without
there being any sufficient evidence available on record. He submits that
Appellant No.1 has completed 2 years 07 months in jail and Appellant
No.2 has completed 2 years 11 months in jail, and presently both the
Appellants are in jail since 14.05.2019 therefore, considering the
detention period of the Appellants, it is prayed that the Appellants may
be granted benefit of bail. Hence, it is prayed that their application be
allowed.
On the other hand, learned counsel for the State has opposed the
bail application and submissions made in this respect.
Heard both the parties and perused the record of the Trial Court.
After perusing the impugned judgment, statements of witnesses,
particularly considering the statements of Gopichand Shendre (PW-03)
& Dr. Vishnu Gupta (PW-10), it appears that the main assailant was
Appellant No.2, therefore, looking to the above and considering the
injuries sustained by the complainant, I am not inclined to grant bail to
the Appellant No.2.
Accordingly, I.A. No.01/2019 is dismissed with regard to Appellant
No.2 namely Navin Sona.
With regard to Appellant No.1, considering the fact that he was
not the main assailant and considering that he is in jail since
14.05.2019, I am of this opinion that it will be proper to release the
Appellant No.1 on bail during the pendency of this appeal.
Accordingly, I.A. No.01/2019, is allowed with regard to Appellant
No.1 namely Narendra Sona.
Execution of substantive jail sentences imposed upon the
appellant No.1 shall remain suspended during the pendency of this
appeal and he shall be released on bail on executing a personal bond
for a sum of Rs.25,000/- with one solvent surety for the like sum to the
satisfaction of the Trial Court for his appearance before the Registry of
this Court on 30.11.2021. He shall thereafter appear before the 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
them by the said Court, till the disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
