Prem Lal Panika vs State Of Chhattisgarh
2021 Latest Caselaw 1108 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                              CRA No. 1874 of 2019

     Prem Lal Panika S/o Kewla Prasad Panika, aged about 31 years, R/o
     Tanera, Bandhwapara, Out Post Korbi, P.S: Pasan, District : Korba,
     Chhattisgarh.

                                                                    ---- Appellant

                                      Versus

     State of Chhattisgarh through Police Station: Pasan, District : Korba,
     Chhattisgarh.

                                                                 ---- Respondent

13.07.2021 Mr. Rudranath Mukherjee, Counsel for the Appellant.

Mr. Akhtar Hussain, P.L. for the State/Respondent.

Heard on admission.

Admit.

Also 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 24.01.2019 passed in S.T.

No.08/2018 by the learned Additional Sessions Judge, Katghora to the

Court of Additional Judge, Katghora, District: Korba (C.G.), the

Appellant stands convicted as mentioned below:

    Conviction             Sentence                   In Default

U/s 306 of IPC    RI for 10 years and fine In default of payment of
                  amount of Rs.2,000/-.    fine amount additional RI
                                           for one 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 clinching evidence available on record. He submits that there

is no any direct evidence available on record on the basis of which it

can be said that the present Appellant instigated or abated the

deceased for committing suicide. It has been argued by the counsel for

the the Appellant that from the perusal of the statements of witnesses it

appears that deceased suffered from suicidal tendencies and earlier

also she had tried to commit suicide. Since, there is no any direct

evidence available on record and he was on bail during trial and

presently he is in jail since 24.01.2019 and trial is likely to take some

more time. Hence, it is prayed that his application may 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 the

witnesses particularly the statements of PW-06 & PW-08 Ramkhilawan

& Smt. Rambati respectively and considering the fact that the Appellant is in jail since 24.01.2019 and trial is likely to take some more time, I am

of this opinion that it will be proper to release the Appellant on bail.

Execution of substantive jail sentences imposed upon the

appellants 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