Hemshankar Sahu @ Shankar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 138 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                                CRA No. 448 of 2021
Hemshankar Sahu @ Shankar Sahu, aged about 37 years, S/o Puranik Sahu R/o
Village Parsada Kala, Police Station Fingeshwar District Gariyavand (C.G.).
                                                                       ....Appellant
                                     Versus
State of Chhattisgarh through Police Station Fingeshwar, District Gariyaband (C.G.).
                                                                       .....Respondent

24.05.2021 Mr. Mohammad Afroz Athar, Advocate for the appellant.

Mr. Vimlesh Bajpai, Govt. Advocate for the State.

Heard on I.A. No. 01/2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 15/03/2021 passed in S.T. No. 53/2019 by the Additional Sessions Judge, Gatiyaband, the appellant has been convicted under Sections 498-A and 306 of the IPC and sentenced to undergo RI for 3 years with fine of Rs. 1000/- and RI for 5 years with fine of Rs. 1000/-, respectively with default stipulations.

Counsel for the appellant submits that the witnesses of the case namely Mithlesh Kumar Sahu (PW1), Khailu Ram Sahu (PW2), Puneshwar Sahu (PW3), Ku. Manisha Sahu (PW4), Chainuram Sahu (PW6), Dilip Sahu (PW7), Laxman Sahu (PW8), Mukesh Kumar Sahu (PW9), Smt. Ganga Bai Sahu (PW11) and Smt. Kanti Sahu (PW12) have been declared hostile by the prosecution, whereas Lalaram Sahu (PW15) has admitted the fact that he has not seen the accused assaulting the deceased or was quarreling with the deceased, but the learned trial Court on perverse finding has convicted the appellant. He further submits that the appellant has already undergone about 2 years i.e. 1 year 11 months and 21 days out of total jail sentence of 5 years. This appeal is of the year 2019 and disposal of the instant appeal is likely to take time, therefore, he prays to release the appellant on bail.

State counsel opposes the bail application. I have heard counsel for the parties and perused the record.

Taking into consideration that the appellant has already undergone about 2 years and due to ongoing pandemic of Covid-19, this appeal may take some time to come up for hearing, therefore, in my considered view, the appellant is entitled to be released on bail.

Accordingly, I.A. No. 01/2021 is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal on his furnishing a personal bond in sum of Rs. 25.000/- with one solvent surety for the satisfaction of the trial Court for his appearance before the said Court on 30/07/2021 and on other subsequent dates as will be given to him by the said Court.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) VacationJudge Rahul jha