Safed @ Sufed @ Jalakhiya vs State Of Chhattisgarh
2021 Latest Caselaw 659 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                        CRA No.1774 of 2019

     Safed @ Sufed @ Jalakhiya S/o Late Parasram Gond, Aged About 45 Years R/o
     Village - Jalke, Police Chouki Korbi Prsentely Samlai, Police Station Pasan, District
     Korba Chhattisgarh                                                   ----Appellant

                                            Versus

     State Of Chhattisgarh Through Station House Officer, Police Station - Pasan, District
     Korba Chhattisgarh., District : Korba, Chhattisgarh                ---Respondent

28/06/2021 Mr. Arun Kumar Shukla, counsel for the appellant/s.

Mr. Mateen Siddiqui, Dy. G.A. for the State.

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 05.10.2017 passed by Upper Sessions Judge, Katghora, District Korba (C.G.) in Sessions Trial No.62/2015 for the offence as follows :

Conviction Sentence

Under Section 302 of IPC Life imprisonment and fine amount of Rs.3000/- in default of payment of fine further R.I. for 1 year.

Learned counsel for the appellant would argue that even if the evidence of the eyewitnesses of the case and the medical evidence on record is taken into consideration as it is, it is clear from the prosecution case itself that the appellant was only engaged in providing an aggressive treatment to the deceased and in that process, without any intention to cause death, internal organs were damaged leading to death. The appellant has undergone more than 6 years and 3 months of imprisonment, therefore, at this stage, he may be granted bail.

On the other hand, learned State counsel opposes the prayer and submits that the nature of injury shown on the body of the deceased show that the deceased was not only being beaten up by a chimta (iron plate) but also by a hot crowbar.

Taking into consideration the submission of learned counsel for the parties and the evidence with regard to the criminal overt act of the appellant and the cause of death as per medical evidence, considering that the appellant has an arguable case of altering the conviction of the appellant to that under Section 304 part II of IPC and the appellant has undergone more than 6 years and 3 months of imprisonment, we are inclined to allow the application.

Accordingly, the application is allowed. It is directed that the substantive jail sentence awarded to the appellant shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with two local sureties of the like amount to the satisfaction of the Trial Court, for his appearance before the concerned Trial Court on 23rd of August, 2021 and on all such further dates as may be directed during the pendency of this appeal and thereafter in interval which shall not be less than six months.

List this case for final hearing.

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




Rekha