Manhgu Khairwar vs State Of Chhattisgarh
2021 Latest Caselaw 3592 Chatt

                                                                                  NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1719 of 2018

  • Manhgu Khairwar S/o Late Shri Chaitu Khairwar, aged about 45 years, R/o
    village Kandri, Kanwarpara, Thana - Chando, District Balrampur Ramanujganj
    (C.G.)

                                                                           ---- Appellant

                                          Versus

  • State of Chhattisgarh Through : Police Station - Chando, District Balrampur
    Ramanujganj (C.G.)

                                                                         ---- Respondent

09/12/2021 Mr. Sameer Singh, counsel for the appellant.

Mrs. M. Asha, P.L. for the State.

Heard on I.A. No.01/2020, which is second application for suspension of sentence and grant of bail to the appellant.

First bail application of the appellant was dismissed as withdrawn by this Court vide order dated 30.01.2019.

By the impugned judgment dated 25.09.2018 passed by Additional Sessions Judge, Ramanujganj, District Balrampur (C.G.) in Sessions Trial No.38/2012, appellant stands convicted under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life with fine of Rs.200/- and R.I. for three years with fine of Rs.200/- respectively, plus default stipulation.

Learned counsel for the appellant would submit that the death of appellant's wife cannot be attributed to the appellant in view of the statement of Dr. R.S. Markam (PW/9), who has opined the cause of death of the deceased due to infection in the body after burn. He would further submit that the incident of burning of leg of the deceased took place on 27.10.2011 and the deceased left for heavenly abode on 09.11.2011 i.e. after 13 days of the incident, therefore, the case of the appellant falls within the ambit of Section 326 IPC. He would also submit that the appellant is in jail from 21.11.2011, therefore, he may be released on bail.

On the other hand, learned State counsel opposes the bail application.

Perused the statement of Dr. R.S. Markam (PW/9).

     Having      considered         the     facts      and
circumstances    of   the   case,    in   particular   the

statement of Doctor (PW/9), who has stated the cause of death of deceased due to infection in the body after burn and further considering the fact that the appellant is in jail for last 10 years, we are inclined to release the appellant on bail.

Accordingly, I.A.No.01/2020 is allowed.

Execution of further substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court of 14th January, 2022. 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 the appeal.

Certified copy as per rules.

                   Sd/-                                Sd/-

         (Goutam Bhaduri)                      (Rajani Dubey)
                  Judge                                Judge




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