Sanaram Tirky vs State Of Chhattisgarh
2021 Latest Caselaw 2666 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet

                                  CRA No. 1079 of 2018

   Sanaram Tirky S/o Buddhuram Tirky Aged About 55 Years R/o Village
   Kadamdhodhi, Goheshilar, Police Station Kapu, Tahsil Dharamjaigarh, District
   Raigarh Chhattisgarh
                                                               ---- Appellant
                                 Versus

   State of Chhattisgarh Through The Station House Officer, Police Station Kapu,
   District Raigarh Chhattisgarh
                                                                  ---Respondent

01.10.2021 Shri G.V.K. Rao, Advocate for the appellant.

Shri Ashutosh Mishra, P.L. for the State/respondent.

Heard on application (I.A. No.02/2018) for suspension of sentence

and grant of bail.

The appellant has been convicted under the impugned judgment

of conviction and order of sentence dated 19.02.2018 passed by learned

Sessions Judge Raigarh, Chhattisgarh in Sessions Trial No.73/2016.

Learned counsel for the appellant would submit that even if the

entire evidence as led by the prosecution is accepted as it is, the incident

happened all of a sudden, followed by single stab injury. The injured fell

down and thereafter, appellant has not given any repeated assault on

him. The prosecution has failed to prove that injury was itself sufficient to

cause death inordinary course of nature, conviction under Section 302 of

IPC could not be sustained in law. Learned counsel relied upon the

judgment passed by co-ordinate Bench of this Court in CRA No.985 of

2004 (Kallu @ Premnath v. State of Chhattisgarh) vide judgment dated

07.03.2017. He further submits that appellant has undergone more than

5 years in jail, hence, at this stage, he may be entitled for bail.

On the other hand, learned State Counsel opposes and submits

that the evidence of eyewitness coupled with medical evidence clearly

shows that the stab injury was caused by the appellant to the deceased

with intention to cause death, deceased suffered septicemia which

resulted his death.

Taking into consideration the submissions of learned counsel for

the parties, particularly that though, accused caused only one single stab

injury to deceased, and that there is no evidence of the prosecution that

the injury, in ordinary course of nature, was sufficient to cause death and

appellant has undergone more than 5 years in jail, we are inclined to

allow the application for suspension of sentence and grant of bail.

Accordingly, application (I.A. No. 02/2018) for suspension of

sentence and grant of bail is allowed. It is directed that the substantive

jail sentence awarded to the appellant is suspended and he 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 15.11.2021

and on all such further dates as may be directed by the said Court,

interval being not less than 6 months, during the pendency of this

appeal.

List the matter for final hearing.

Certified copy as per rules.

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




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