Chattisgarh High Court
Somveer vs State Of Chhattisgarh on 3 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 259 of 2021
1. Somveer S/o Sunil Jaat, aged about 21 years, R/o Guggahedi, Police Station
Lakhanmanjara, District: Rohtak Hariyana Present R/o Village Jhajhadih, Police
Station Dadhi, District Bemetara Chhattisgarh.
2. Anil S/o Om Prakash Jaat, aged about 40 years R/o Guggahedi, Police Station
Lakhanmanjara District Rohtak Hariyana Present R/o Village Jhajhadih, Police
Station Dadhi, District Bemetara Chhattisgarh
---- Appellants
Versus
State of Chhattisgarh through Police Station Dadhi, District Bemetara
Chhattisgarh
---- Respondent
03.08.2021 Mr. Vaibhav A. Goverdhan, Counsel for the Appellants.
Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent.
Heard on I.A. No. 01/2021, an application for suspension of
sentence and grant of bail to the Appellants.
After arguing at length, counsel for the Appellants submits that he
wants to withdraw the instant application with regard to Appellant No.2.
Accordingly, I.A. No.01/2021 is dismissed as withdrawn with
regard to Appellant No.2 namely Anil.
By the impugned judgment date 16.02.2021 passed in Session
Case No.04/2019 by the learned Sessions Judge, Bemetara, District:
Bemetara (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 of fine amount
Rs.25,000-25,000/- additional RI for 1-1
each. year.
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
as stated by Balraj Singh Puniya (PW-01) the main assailant was
Appellant No.2, during trial the Appellant No.1 was on bail and after the
judgment of the Trial Court he is jail since 16.02.2021 therefore, it is
prayed that the Appellant No.1 may be granted benefit of bail. Hence, it
is prayed that his 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 and the statements of
witnesses, particularly considering the statements of Balraj Singh
Puniya (PW-01), Dr. Jyoti Anil Jasathi (PW-04) & Dr. Lavlesh Rathore
(PW-14) it appears that main assailant was Appellant No.2 who had
given the injuries on the temporal part of the victim. With regard to
Appellant No.1, considering the fact that he was not the main assailant,
and considering this fact that the Appellant No.1 is in 16.02.2021, for
these reasons, 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.01/2020, is allowed with regard to Appellant
No.1 namely Somveer.
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 16.11.2021. 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
him 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
