Ramsinhasan vs State Of Chhattisgarh
2021 Latest Caselaw 435 Chatt

                                                                                     NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRA No. 87 of 2020
    Ramsinhasan S/o Tahsilram Nagesiya Aged About 59 Years Caste Nagesiya,

    Occupation Agriculture / Labourer, R/o. Village Soor, Mudapara, Police Station

    Sitapur, District Surguja, Chhattisgarh

                                                                               ---- Appellant
                                       Versus
    State of Chhattisgarh Through- Police Station Sitapur, District Surguja, Chhattisgarh

                                                                          ---- Respondent

21.06.2021 Shri Anukul Biswas, Counsel for the Appellant.

Shri Lalit Jangde, G.A. for the State/Respondent.

Heard on prayer for suspension of sentence and grant of bail.

The appellant has been convicted under the impugned judgment

of conviction and order of sentence dated 17.12.2019 passed by the

learned Sessions Judge, Ambikapur, District - Surguja

(Chhattisgarh) in Sessions Trial No. 63/2019.

Learned counsel for the appellant would argue that the dead body

of the deceased was found in an open place. The witnesses of

memorandum and seizure have not supported the case of the

prosecution. The evidence of PW-2 son of the deceased in the

cross-examination renders doubtful the identity of tobacco box said

to be found near the dead body.

On the other hand, learned State counsel opposes and submits

that in the merg intimation PW-2 stated that the mother and father

had left the house in evening at about 6.00 p.m. and in his evidence

also stated that they did not return in the night and were heavily

drunk. He would further argue that though the witness and

memorandum and seizure has not supported the case of the

prosecution, the Investigating Officer stated regarding seizure of

blood stained clothes of the appellant and blood stained brick and

the FSL report shows that in these articles the human blood was

found. He would further argue that there is evidence with regard to

identification of the tobacco box and smoke pipe as that of the

appellant.

Taking into consideration the submission of learned counsel for

the parties and particularly taking into consideration the submission

of learned counsel for the appellant with regard to ground raised and

the evidence of the independent prosecution witness with regard to

identification, memorandum and seizure of clothes and blood stained

brick and further taking into consideration that the dead body was

found in an open place and further arguments with regard to

identification of the tobacco box and smoke pipe, we are inclined to

suspend the jail sentence of the appellant.

Accordingly, the application is allowed. It is directed that the

substantive jail sentence imposed upon the appellant shall remain

suspended during the pendency of the appeal and he shall be

released on bail furnishing a personal bond of Rs.25,000/- along with

two local sureties of the like amount to the satisfaction of the concerned trial Court, for his appearance before the concerned trial

Court on 23rd August, 2021 and all such further dates as may be

directed by the said Court, interval being not less than 6 months, till

final disposal of this appeal.

Post the appeal for final hearing.

Certified copy as per rules.

                         Sd/-                                     Sd/-
             (Manindra Mohan Shrivastava)               (Vimla Singh Kapoor)
                     Judge                                       Judge




Yasmin