Gajanand Nirmalkar vs State Of Chhattisgarh
2021 Latest Caselaw 3780 Chatt

                                                                                       NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRA No. 267 of 2019

 1. Gajanand Nirmalkar S/o Late Budhuram Aged About 38 Years R/o Village Bodra ,
    Police Station Arang, District Raipur Chhattisgarh.

 2. Smt. Punni Bai Nirmalkar W/o Late Budhuram Aged About 64 Years R/o Village
    Bodra , Police Station Arang, District Raipur Chhattisgarh.

 3. Smt. Pramila Bai Nirmalkar W/o Gajanand Aged About 36 Years R/o Village
    Bodra , Police Station Arang, District Raipur Chhattisgarh.

                                                                               ---- Appellants

                                          Versus

  • State Of Chhattisgarh Through Station House Officer ,police Station Arang ,district
    Raipur Chhattisgarh.

                                                                          ---- Respondent

17/12/2021 Smt. Fouzia Mirza, counsel for the appellants.

Smt. M.Asha, PL for the State.

Heard on I.A. No. 01/2020, which is a repeat application for suspension of sentence and grant of bail filed by the appellants against the impugned judgment of conviction and order of sentence dated 29.01.2019 passed by fourth Additional Sessions Judge, Raipur in Sessions Case No. 90/2018 whereby the appellants have been convicted under Sections 323/34, 302/34 and 450 IPC and sentenced to under go RI for 01 year and fine of Rs. 100/- u/s. 323/34; to undergo Imprisonment for life and fine of Rs. 300/- u/s. 302/34 and to undergo RI for 5 years and fine of Rs. 100/- u/s. 450 IPC with default stipulations.

Earlier bail application was dismissed as withdrawn on 20.03.2019 with liberty to revive the same at an appropriate stage.

Counsel for the appellants submits that the eyewitnesses are Bharatlal Chandrakar (PW-1), Gyaneshwari Chandrakar (PW-2) and Meena Bai Chandrakar (PW-3) who have stated that the appellants entered the house and asked the about the deceased thereafter appellant No.1 stabbed the deceased Parmeshwar with a knife on his chest. She submits that the independent witness (PW-5) has stated that the injury was inflicted solely by appellant No.1 who was holding the knife therefore, the appellants No.2 & 3 namely Punni Bai Nirmalkar and Pramila Bai Nirmalkar, aged about 64 years and 36 years may be granted benefit of doubt. She submits that the appellants No.2 and 3 have not done any overt act. It is further submits that as per the medical report, only two stab injuries were found on the body of the deceased and the death was caused due to grievous injury on the vital organ of the body i.e. chest which is also evident from the statement of the doctor (PW-7). Lastly, she submits that the appellants No. 2 & 3 being ladies and that no overt act has been attributed to them, the substantive jail sentence imposed upon the appellants may be suspended and they may be released on bail.

On the other hand, State counsel opposes the prayer for suspension of sentence and grant of bail and would submit that as per the statement of Gyaneshwari Chandrakar (PW-2) and Meena Bai Chandrakar (PW-3), both the lady appellants caught hold of the deceased Parmeshwar and thereafter the appellant No.1 inflicted injuries and thus these appellants have also participated in furtherance of the common intention.

We have heard counsel for the parties and perused the documents.

From the perusal of statement of the witnesses Bharatlal Chandrakar (PW-1), Gyaneshwari Chandrakar (PW-2) and Meena Bai Chandrakar (PW-3) and also from the statement of independent witness Baldau Chandrakar (PW-5) it is clear that appellant No.1 Gajanand has inflicted injury on the person of the deceased. Moreover, the postmortem report Ex.P-16 is supported and corroborated from the statement of the witnesses that the cause of death of the deceased was on account of stab injuries on the chest. Consequently at this stage, considering that the appellants are ladies aged about 64 & 36 years, we are inclined to suspend the sentence and release the appellants 2 & 3 on bail.

Accordingly, I.A. No. 01/2020, application for suspension of sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed on appellants shall remain suspended and they are directed to be released on bail on each of them 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 their appearance before the Registry of this Court on 21st January 2022.they 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.

                      Sd/-                              Sd/-

               (Goutam Bhaduri)                   (Rajani Dubey)
                      Judge                             Judge




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