Beefun Korwa vs State Of Chhattisgarh
2021 Latest Caselaw 329 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                            CRA No. 1700 of 2018

 Beefun Korwa S/o Sukho Korwa, aged about 33 years, R/o Village Nakna
 Jhandapara, Police Station: Sitapur, District: Surguja Chhattisgarh.

                                                                       ---- Appellant

                                   Versus

 State of Chhattisgarh Through S.H.O. Sitapur, District : Surguja, Chhattisgarh

                                                                    ---- Respondent

15.06.2021 Mr. Anand Kumar Gupta, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard I.A. No. 01/2018, an application for suspension of

sentence and grant of bail to the Appellant.

By the impugned judgment date 17.09.2018 passed in

Sessions Trial No.67/2017 by the Session Judge, Ambikapur,

District: Surguja (C.G.) the Appellant stands convicted as

mentioned below:

                 Conviction              Sentence               In Default

             U/s 304 Part-II of RI for 10 years and In      default    of
             IPC                fine   amount     of payment of fine
                                Rs.500/-.            amount additional
                                                     RI for 03 months.

Learned counsel for the Appellant submits that the

Appellant has been wrongly convicted by the Trial Court in the

judgment without there being any sufficient evidence available on

record. He submits that learned Trial Court has convicted the

Appellant only on the basis of statement of PW-07 & PW-08. It is

further submitted by counsel for the Appellant that though in the

examination chief both the above witnesses after declaring

hostile supported the case of prosecution, but at the time of cross

examination they didn't supported the case of prosecution and

deposed in favour of the Appellant, inspite of that only on the

basis of their statements learned Trial Court has convicted the

Appellant, therefore, conviction of the Appellant is not

sustainable. He lastly submits that the Appellant is in jail since

04.04.2017. Hence, it is prayed that his application 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.

I have gone through the entire record and perused the

statements of PW-07 & PW-08 namely Budhan Korwa & Sukhni

Korwa. After considering the fact that the Appellant is in jail since

04.04.2017, for these reasons, 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 15.09.2021. 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

Saurabh