Umashankar Nikunj vs State Of Chhattisgarh
2021 Latest Caselaw 2442 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                               Order Sheet

                          CRA No. 849 of 2020

Umashankar Nikunj S/o Dhanman Nikunj, aged about 44 years, R/o Village
Jaamdhodhi Bandarkalo, Thana Sitapur, District : Sarguja, Chhattisgarh

                                                                       ---- Appellant

                                 Versus

State of Chhattisgarh    through    Police    Station:   Sitapur,   District:   Sarguja
Chhattisgarh.

                                                                    ---- Respondent

21.09.2021 Ms. Shailja Shukla, Counsel for the appellant.

Mr. Ravi Maheshwari, P.L. for the State/Respondent.

Heard I.A. No.1/2020, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 14.02.2020 passed in

Sessions Trial No.68/2018 by First Additional Session Judge,

Ambikapur, District: Sarguja, Chhattisgarh, the appellant stands

convicted as mentioned below:

                  Conviction                 Sentence                In Default

              U/s 307 of IPC        RI for 10 years with a In default of payment
                                    fine    amount      of of     fine    amount
                                    Rs.1,000/-             additional RI for 6
                                                           months.

Learned counsel for the appellant submits that the appellant

has been wrongly convicted by the Trial Court in the judgment

without there being any sufficient evidence available on record. She

submits that if the entire case of the prosecution is taken as it is, it

appears that the prosecution has failed to establish the ingredients

for convicting the accused under Section 307 of IPC, therefore,

conviction of the appellant under Section 307 is not sustainable.

She further submits that the appellant is in jail since 01.04.2018 and

appeal is likely to take some more time to be finalized. Hence, it is

prayed that his application be allowed.

On the other hand, learned counsel for the State has

opposed the bail application and submissions made in this respect.

Heard both the parties and perused the record of the Trial

Court.

I have perused the impugned judgment and statements of

the witnesses. After perusal of the statement of Rahul Soni (PW-1),

Dr. J.K. Bhutani (PW-2) & Dr. M. Nikunj (PW-3). Without further

commenting on other merits of the case, I am of this opinion that it

will be proper to release the appellant on bail during the pendency

of this appeal.

Execution of substantive jail sentences imposed upon the

appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on executing a personal

bond for a sum of Rs.25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before

the Registry of this Court on 14.12.2021. He shall thereafter appear

before the Trial Court on a date to be given by the Registry of this

Court and shall continue to appear there on all such subsequent

dates as are given to him by the said Court, till the disposal of this

appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh