Vicky Kumar Kurre vs State Of Chhattisgarh
2021 Latest Caselaw 243 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet

                                  Criminal Appeal No. 1601 of 2019

      Vicky Kumar Kurre, S/o Shri Ravi Kumar Kurre, aged about 23 years, R/o Village Pausara

       Police Station Koni, District Bilaspur (C.G.)


                                                                                   ---- Appellant


                                                Versus


      State of Chhattisgarh, Through District Magistrate Bilaspur, Police Station Incharge Koni,

       District Bilaspur (C.G.)


                                                                                ---- Respondent

10/06/2021 Shri Suresh Kumar Pandey, Advocate for the Appellant.

Shri H.S. Ahluwalia, Deputy Advocate General for the State / Respondent.

Heard on admission.

Admit.

Heard on I.A. No. 1 of 2019 for suspension of sentence and grant of bail to the

Appellant.

By the impugned judgment dated 21.10.2019, passed by the learned 5 th

Additional Sessions Judge, Bilaspur (C.G.) in Session Trial Case No. 127 of 2018,

the Appellant stands convicted under Section 306 of the I.P.C. and sentenced to

undergo RI for 10 years and fine of Rs. 500/- and in default on payment of fine

amount additional one month simple imprisonment.

Learned counsel for the Appellant submits that the Appellant is innocent and

has been wrongly convicted by the Trial Court without there being any sufficient

and clinching evidence available on record. It is further argued that Appellant has

been convicted only on the basis of telephonic conversation between deceased

and Appellant, but no transcript of the voice of both of them was prepared.

Therefore, conviction of the Appellant is not sustainable. He further submits that

during trial Appellant was on bail and he has not misused the liberty granted to

him. Hence, it is prayed that the aforesaid I.A. for suspension of sentence and

grant of bail 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.

Considering the facts and circumstances of the case and after perusal of

judgment of the trial Court and statements of other witnesses and that the

Appellant is in jail since 21.10.2019, I am of this opinion that it will be proper to

release the Appellant on bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the Appellant 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 15.12.2021. 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 him by the said Court,

till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Brijmohan/Prakash