Gonchu Muchaki vs State Of Chhattisgarh
2021 Latest Caselaw 2222 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 4 of 2021

  • Gonchu Muchaki S/o Mango Muchaki Aged About 28 Years R/o Village Toynar
    Sarpanch Para, P.S.- Pakhnar, Darbha, District- Bastar, Chhattisgarh
                                                                       ---- Appellant
                                     Versus
  • State Of Chhattisgarh Through- Police Chowki Pakhnar, P.S. Darbha, District-
    Bastar, Chhattisgarh.                                    ---- Respondent

08-09-2021 Mr. Saurabh Dangi, counsel for the appellant/s.

Mr. Jitendra Shukla, PL for the State/respondent.

Heard on I.A. No. 01/2021 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 05.12.2020 passed by the Sessions

Judge Bastar, CG in Criminal Case No. 28/2019.

Learned counsel for the appellant would argue that the conviction of

the appellant is founded on an extremely doubtful and unreliable evidence

of last seen given by Pute Muchaki (PW-1) the wife and Hidma Muchaki

(PW-21) the son of the deceased. He would submit that only on the basis

of last seen evidence, no conviction could be ordered under the law.

On the other hand, learned State counsel would submit that the Pute

Muchaki (PW-1) the wife and Hidma Muchaki (PW-21) the son of the

deceased have stated that the appellant had come to the house of the

deceased and deceased had gone along with him for consumption of liquor

and thereafter he was not seen until his dead body was found. This has been made a basis.

Having considered submission of learned counsel for the parties,

particularly taking into consideration that the statement regarding deceased

having gone to the appellant was not stated in the Merg intimation and the

FIR and the submission of learned counsel for the appellant that only on

the basis of the evidence of last seen conviction could not be ordered, we

are inclined to allow the application and suspend the jail sentence and

grant bail.

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/- 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 07th October, 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



Pawan Prajapati