Dinesh Kumar Chouhan vs State Of Chhattisgarh
2021 Latest Caselaw 1535 Chatt

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                                                                                      NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                            CRA No. 1855 of 2019

Dinesh Kumar Chouhan S/o Mohan Sinngh Chouhan Aged About 28 Years R/o
Village Reki, Lalmatiyapara, Chowki, Hardibazar, District Korba Chhattisgarh., District
: Korba, Chhattisgarh

                                                                           ---- Appellant

                                    Versus

State Of Chhattisgarh Through Police            Station   Kusmunda,        District   Korba
Chhattisgarh., District : Korba, Chhattisgarh

                                                                      ---- Respondent

03/08/2021 Shri N.K. Chatterjee with Shri Basant Kaiwartya, counsel for the appellant.

Shri Lalit Jangde, Dy. Govt. Advocate for the State.

Heard on IA No.1 of 2020, application for suspension of sentence and grant of bail.

Appellant- Dinesh Kumar Chouhan has been convicted under Sections 302, 302 read with Section 120-B and Section 201 IPC. He has been sentenced to undergo life imprisonment with fine of Rs.500/-under Sections 302, 302 read with Section 120-B IPC, RI for 3 years with fine of Rs.500/- under Section 201 IPC, vide judgment of conviction and order of sentence dated 13.3.2019 passed in ST No.15 of 2018 by learned Additional Judge to the Court of Additional Sessions Judge Katghora, District- Korba (CG).

Learned counsel for appellant would argue that conviction of

the appellant is based on certain story of conspiracy reflected only from memorandum of the co-accused/main accused Photo Lal Anant. He would argue that no substantive evidence of involving present appellant -Dinesh Kumar Chouhan as contract killer has been adduced and only on suspicion, he could not be involved.

On the other hand, learned counsel for the State opposed the application. He submits that the conspiracy has been proved from various memoranda of recovery of dead body and the transaction of money to prove the prosecution story that Photo Lal had called the deceased Vinod Kumar in his house for making payment of compensation, but actually, it was for his murder under the conspiracy.

Taking into consideration the submissions made by learned counsel for the parties, taking into consideration that wide common order dated 3.9.2019, this Court had allowed suspension applications of other co-accused/appellant in connected appeal namely Sarita Bai Anant, Smt. Resham Bai Kurre, Dhirendra Kumar Baghel, Raju Das Mahant, Photo Lal Anant and Raja @ Ramashankar Patel and that Raja @ Ramashankar Patel is the other person who is said to be similarly situated as the present appellant, alleged to have been engaged in contract killing, has also been granted bail by this Court, we are inclined to allow present application of appellant- Dinesh Kumar Chouhan.

The application is accordingly allowed and it is directed that the substantive jail sentence imposed upon appellant- Dinesh Kumar Chouhan shall remain suspended during pendency of the appeal and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one local surety of the like amount to

the satisfaction of the concerned trial Court, for his appearance before the concerned trial Court on 31 st August 2021. Thereafter, the trial Court may fix the date of appearance of the appellant along with the date of appearance of other co-accused/appellant in connected appeals.

Post the appeal for final hearing along with other connected matters.

                    Sd/-                                        Sd/-
          (Manindra Mohan Shrivastava)                 (Vimla Singh Kapoor)
                    Judge                                     Judge




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