Chattisgarh High Court
Shripadum Pahadi Korwa vs State Of Chhattisgarh on 14 September, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 926 of 2018
• Shripadum Pahadi Korwa S/o Ropan Pahadi Korwa Aged About 39 Years R/o
Village Chilmakhurd Police Station Rajpur, District- Balrampur-Ramanujganj,
Chhattisgarh ---- Appellant
Versus
• State Of Chhattisgarh Through Police Station Rajpur District- Balrampur-
Ramanujganj, Chhattisgarh ---Respondent
14/09/2021 Mr. Kishore Narayan, counsel for the appellant/s.
Mr. Lalit Jangde, G.A. for the State/respondent.
Heard on application (I.A. No.01/2018) for suspension of
sentence and grant of bail.
The appellant has been convicted under the impugned judgment
of conviction and order of sentence dated 17.05.2018 passed by
learned 2nd Additional Sessions Judge, Ramanujganj District-
Balrampur-Ramanujganj, (C.G.) in Sessions Trial No.R-09/2015 and
C.I.S. No.09/2015.
Learned counsel for the appellant would submit that even if the
entire case of the prosecution is taken as it is, the only evidence which
comes out is that while the appellant was coming along with his wife
after attending the marriage, in intoxicated condition a quarrel took
place and the appellant gave fists and blows which unfortunately led to
fracture of ribs and damage to internal organs. He would submit that
such a criminal overt act would not travel beyond the scope and ambit
of Section 304-II of IPC and the appellant has undergone more than 6
years of jail sentence, therefore, at this stage, the jail sentence of the
appellant may be suspended and he may be granted bail.
On the other hand, learned State Counsel opposes and submits
that the manner, in which, the appellant gave blows to his wife resulting
in fracture of both ribs and internal organs reflects intention on the part
of the appellant to kill his own wife.
Taking into consideration the submissions of learned counsel for
the parties, the evidence as also the submission of learned counsel for
the appellant regarding the manner in which the incident occurred and
took place, the appellant has an arguable case of alteration of
conviction under Section 304-II IPC and that the appellant has
undergone more than 6 years of jail sentence, we are inclined to allow
the application for suspension of sentence and grant of bail.
Accordingly, application (I.A. No. 01/2018) 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
28.10.2021 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
Ravi
