Gyan Singh Paikra vs State Of Chhattisgarh
2021 Latest Caselaw 1824 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                               Order Sheet

                         CRA No. 1690 of 2018

Gyan Singh Paikra S/o Antram @ Jokad Paikra, aged about 30 years, R/o
Kauhakuda, Chowki Sonakhan, Police Station: Kasdol, District : Balodabazar-
Bhathapara, Chhattisgarh

                                                                     ---- Appellant

                                 Versus

State of Chhattisgarh through Station House Officer, Police Station: Kasdol,
District : Balodabazar-Bhathapara, Chhattisgarh

                                                               ---- Respondent

17.08.2021 Mr. Anand Kumar Gupta, Counsel for the appellant.

Mr. Sushil Sahu, P.L. for the State/Respondent.

Heard on I.A. No. 1/2018, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 22.09.2018 passed in

Sessions Trial No.16/2018 by learned Second Additional Judge of

Sessions Judge, Baloda Bazar, District: Balodabazar-Bhatapara

(C.G.) the appellant stands convicted as mentioned below:

                  Conviction              Sentence              In Default

             U/s 326 of IPC         RI for 10 years with a In default of payment
                                    fine    amount      of of     fine    amount
                                    Rs.1,000/-             additional RI 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

further submits that there was only single blow to the deceased and

the appellant is in jail since 27.12.2017 and appeal is likely to take

some 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 and considering this

fact that there was only single blow to the deceased and also

considering the fact that the appellant is in jail since 27.12.2017, 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 15.12.2021. 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 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