Balkishun vs State Of Chhattisgarh
2021 Latest Caselaw 974 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                      CRA No. 612 of 2019
    Balkishun S/o Late Fulchand Nageshiya, Aged About 31 Years, Caste Nageshiya
     Occupation Labour, R/o Village Bhediya, P.S. Dhourpur, District Surguja Chhattisgarh.,
     District : Surguja (Ambikapur), Chhattisgarh
                                                                                   ---- Appellant
                                            Versus
    State of Chhattisgarh: Through District Magistrate Ambikapur, District Surguja
     Chhattisgarh. Crime No. 34/18 P.S. Dhourpur., District : Surguja (Ambikapur),
     Chhattisgarh
                                                                   ---- Respondent

08/07/2021 Shri Dev Ashish Biswas, Advocate for the appellant.

Shri Sameer Oraon, Govt. Advocate for the State/respondent. Heard on I.A.No.1/2021, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 26-03-2019 passed in S.T. No. 92/2018 by the Sessions Judge, Ambikapur, District Surguja, C.G. in the following manner :-

             Conviction                       Sentence
             U/s 304 Part II of the           R.I. for 10 years and fine of Rs.500/- in default of
             IPC

payment of fine additional R.I. for three months. It is submitted on behalf of the appellant, that this is 2 nd application for suspension of sentence and grant of bail to the appellant. His first application was dismissed as withdrawn on 08-05-2019. The present application has been filed as the appellant has undergone about more than three years in jail. The material witnesses, namely, Bhukhali (PW-4) and Patibai (PW-5) have not supported the prosecution case. Shanilal (PW-6) is only a hearsay witness. The case against the appellant has not been proved by the prosecution beyond reasonable doubt, therefore, conviction against the appellant is erroneous. Therefore, it is prayed that this appellant be enlarged on bail.

Per contra, learned counsel for the State opposes submission submitting that the prosecution has proved its case beyond reasonable doubt, which is reflected in observations made in the impugned judgment.

Heard learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions. After perusal of the evidence present in the record of the trial Court and the circumstances present and also for the reason that the appellant is in jail since about three years and there is no likelihood of this case being heard finally in near future, hence, I feel inclined to allow this application for suspension of sentence and grant of bail.

Accordingly, I.A.No.1/2021, application for suspension of sentence and grant of bail is allowed.

It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 23rd of September, 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 disposal of this appeal.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Aadil