Chattisgarh High Court
Avijeet @ Avi Shrivastava vs State Of Chhattisgarh on 11 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 311 of 2021
Avijeet @ Avi Shrivastava S/o Shankarlal, aged about 20 years, R/o Jabdapara Pathak Bagicha,
P. S. Sarkanda, District: Bilaspur Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh Through P. S. Civil Line, Bilaspur District: Bilaspur Chhattisgarh
---- Respondent
11.08.2021 Mr. Anil Singh Rajput, Counsel for the Appellant.
Mr. Ghanshyam Patel, G.A. for the State/Respondent.
Heard on I.A. No. 01/2021, an application for suspension of sentence and grant
of bail to the Appellant.
By the impugned judgment date 22.02.2021 passed in Session Trial
No.93/2019 by the learned 8th Additional Sessions Judge, Bilaspur, District: Bilaspur
(C.G.) the Appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 307/34 of IPC RI for 10 years with a In default of payment of fine amount
fine amount of additional SI for 01 month.
Rs.1,000/-
U/s 25 of Arms Act RI for 01 year with a fine In default of payment of fine amount
amount of Rs.500/- additional SI for 01 month.
Learned counsel for the appellant submits that the Appellant has been wrongly
convicted by the Trial Court in the judgment without there being any sufficient evidence
available on record. He submits that in FIR as well as statement recorded under
Section 161 of Cr.P.C. of the victim, the name of the present appellant is not
mentioned. He further submits that in his Court statement also victim Prabhat Sahu
(PW-2) has not disclosed that who was the main assailant in this case. Further
referring the statements of Ashok Sahu (PW-8), it is argued by the counsel that
according to the statement of Ashok, the assailant was juvenile accused Bhairav
Singh, therefore, conviction of the appellant is not sustainable. He submits that the
appellant is in jail since 22.02.2021 and appeal is likely to take more time. 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, statements of witnesses and
particularly considering the statements of PW-2, 8 & 12 namely Prabhat Sahu, Ashok
Sahu & Ibrahim Mohammed Qureshi. After perusal of their statement, without further
commenting on other merits of the case, in my considered opinion, I am of this opinion
that it will be proper to release the Appellant on bail during the pendency of this appeal.
Execution of substantive jail sentences imposed upon the appellant 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 08.12.2021. 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
