Lalit Kumar Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 1408 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                                CRA No. 308 of 2020

• Lalit Kumar Yadav S/o Radheshyam Aged About 20 Years R/o Village Jarve, Police
  Station Baradwar, District Janjgir-Champa Chhattisgarh

                                                                              ---- Appellant

                                       Versus

• State Of Chhattisgarh Through Police Station Baradwar, District Janjgir-Champa
  Chhattisgarh

                                                                           ---- Respondent

28/07/2021 Shri Ishwar Jaiswal, counsel for the appellant/s.

Shri Lalit Jangde, Dy.G.A. for the State.

Heard on I.A.No.2/20, application for suspension of sentence and grant of bail.

The appellant has been convicted under the impugned judgment of conviction and order of sentence dated 08/04/2015 passed by the 1 st Additional Sessions Judge, Sakti, District - Janjgir- Champa in Sessions Trial No.235/2013.

Learned counsel for the appellant argues that the appellant has been found guilty of commission of offence only on a weak evidence of last seen. He submits that out of three witnesses of last seen i.e. Chhotelal (PW6), Komal Prasad (PW7) and Lakhanlal (PW8), Komal Prasad (PW7) has not supported the prosecution story of deceased - Sohanlal seen in the company of the appellant. He would submit that there is no evidence of motive and on the festival day of Hareli, the appellant said to be seen in the company of the deceased along with other persons. It is submitted that the dead body was found after 3-4 days in the pond of another village. Therefore, conviction of the appellant is wholly unsustainable in law in view of the judgment of the Supreme Court in the case of Kanhaiya Lal v. State of Rajasthan, 2014 AIR SCW 1828.

On the other hand, learned State counsel submits that as many as three prosecution witnesses have stated that two prosecution witnesses i.e. Chhotelal (PW6) and Lakhanlal (PW8) have stated that on the day of local festival - Hareli, the deceased was seen in the company of the present appellant and co accused - Hemant Kumar Yadav during day hours and thereafter, he was not seen and the dead body was found after 3-4 days in the pond of another village and the brick alleged to be used in the commission of offence was found from the spot on the memorandum of the appellant

Having considered the submission of learned counsel for the parties, particularly that the conviction of the appellant is said to be based only on last seen, we are inclined to grant bail to the appellant.

Accordingly, I.A.No.2/20 is allowed. The substantive jail sentence awarded to the appellant is suspended and the appellant is directed to be released on bail on furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned Trial Court for his appearance before the concerned Trial Court on 27/09/2021 and thereafter, his appearance before the concerned Trial Court on all such further dates as may be directed, interval being not less than 6 months, during the pendency of this appeal.

List the matter for final hearing.

Certified copy as per rules.

                          Sd/-                                        Sd/-

           ( Manindra Mohan Shrivastava )                    (Vimla Singh Kapoor)
                      Judge                                         Judge




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