Sukman Badde vs State Of Chhattisgarh
2021 Latest Caselaw 754 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                               CRA No. 1854 of 2019

• Sukman Badde S/o Sarju Aged About 35 Years Caste Gond R/o Village Aamgaon Thana
  Farasgaon, District Kondagaon Chhattisgarh

                                                                                ---- Appellant

                                       Versus

• State Of Chhattisgarh Through Aarakshi Kendra Farasgaon District- Kondagaon
  Chhattisgarh

                                                                            ---- Respondent

30/06/2021 Shri Krishna Kumar Khatri, counsel for the appellant/s.

Shri Lalit Jangde, Dy.G.A. for the State.

Heard on I.A.No.2/19, application for suspension of sentence and grant of bail.

The appellant has been convicted under the impugned judgment of conviction and order of sentence dated 04/08/2014 passed by the learned Additional Sessions Judge, Kondagaon, District - Kondagaon, Chhattisgarh in Sessions Case No.49/2012.

Learned counsel for the appellant would argue that the entire evidence collected by the prosecution is only that about 10 metres away from the house of the appellant, dead body of deceased / wife was found buried. He would submit that the prosecution story, as contained in the memo of appeal, if accepted and the nature of injury and part of body where injury was caused, at the most, it would be a case of culpable homicide not amounting to murder punishable under Section 304-II IPC. He submits that the appellant has undergone more than 10 years of jail sentence, therefore, he may be granted bail.

Learned State counsel, on the other hand, would submit that the appellant, not informing anybody regarding sudden disappearance of his wife, dead body found only 10 metres away from the house of the appellant and fracture in the spine of his wife proves that it is the appellant who killed his wife and buried the dead body with the help of his father, the co- accused.

Taking into consideration the submission of learned counsel for the parties and the submission of learned counsel for the appellant that the incident of assault by the appellant with the help of a club on the back of his wife and that there is no fracture injury caused on the head, at this stage, we are inclined to allow the application (I.A.No.2/19).

Accordingly, the substantive jail sentence awarded to the appellant are suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned Trial Court for his appearance before the concerned Trial Court on 31/08/2021 and on all such further dates as may be directed, interval being not less than 6 months, during the pendency of this appeal.

List this matter for final hearing.

Certified copy as per rules.

                             Sd/-                                    Sd/-

              ( Manindra Mohan Shrivastava )                (Vimla Singh Kapoor)
                         Judge                                      Judge




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