Chattisgarh High Court
Smt. Savitri Gawade vs State Of Chhattisgarh on 27 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 501 of 2020
• Smt. Savitri Gawde, W/o Late Shankar Gawde, Aged about 29 years, R/o Vill.
Gumadi, P.S. Lohattar, Presently resided at Village- Aamagarh, P.S. Durgukondal,
District- Uttar Bastar Kanker (C.G.).
---- Appellant
Versus
• State of Chhattisgarh, through- Station House Officer, Police Station- Durgukondal,
District- Uttar Bastar Kanker (C.G.).
---- Respondent
27.09.2021 Mr. Vivek Bhakta, counsel for the Appellant.
Mr. Akhtar Hussain, P.L. for the State/Respondent.
Heard on I.A. No. 01/2020, an application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 22.02.2020 passed in
Sessions Case No. 13/2019 by the Additional Sessions Judge,
Bhanupratappur, District- Uttar Bastar Kanker (C.G.) the
appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 306 of IPC RI for 04 years and In default of
fine amount of payment of fine
Rs.500/-. amount additional
RI for 06 months.
U/s 201 of IPC RI for 01 year and In default of
fine amount of payment of fine
Rs.500/-. amount additional
RI for 01 month.
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. He submits that the appellant has undergone more than
two years whereas the maximum sentence imposed upon the
appellant is four years only, therefore, conviction against the
appellant is liable to be set aside. Hence, it is prayed that the
instant application may be allowed.
On the other hand, learned counsel for the State has
opposed the bail application and submissions made in this
respect. He submitted that prosecution has proved its case
beyond reasonable doubt, therefore, conviction and sentence
against the appellant is proper and he is not entitled to be
released on bail.
Heard both the parties and perused the record of the trial
Court.
After perusal of the evidence present in the record of the
trial Court and considering the submissions that have been made
by counsel for the appellant, I feel inclined to release the
appellant on bail during the pendency of this appeal.
It is directed that the 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. 20,000/- 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 09.12.2021. 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 its due course.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Vasant
