Morghiya vs State Of Chhattisgarh
2022 Latest Caselaw 2665 Chatt

                                       1




             HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet

                            CRA No. 1687 of 2021

1. Morghiya, S/o Late Akalu, Aged About 42 Years, Occupation Agriculturist /
   Labour Caste Turiya, Residence of Village Beldagi (Shikaripara) Police Station
   Lakhanpur, District Surguja, Chhattisgarh.

2. Vishnu, S/o Morghiya, Aged About 21 Years, Occupation Agriculturist / Labour
   Caste Turiya, Residence of Village Beldagi (Shikaripara) Police Station
   Lakhanpur , District- Surguja, Chhattisgarh.          ---- Appellants

                                   Versus

 State of Chhattisgarh, Through Police Station, Lakhanpur District Surguja,
  Chhattisgarh.                                                       ---- Respondent

25.04.2022 Shri Sunil Tripathi, counsel for the appellants.

Smt. Usha Chandrakar, P.L. for the State.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 04.12.2021 passed in Sessions Case No. 86/2019 by the Sessions Judge, Ambikapur, District- Sarguja (C.G.) as under:-

                             Conviction                        Sentence
                   Under Section 304 (2) read          R.I. for 10 years with fine
                   with Section 34 of IPC              of Rs. 500 each and
                                                       default in payment of fine
                                                       amount additional R.I. for
                                                       3 months.

Considering the facts & circumstances of the case, medical report of the deceased, nature of injury sustained by the deceased, evidence of PW/1, PW/2 & PW/9 Doctor, detention period of the appellants, who are 21 & 42 years old, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.01/2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellants shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court.

They shall appear before the Registry of this Court on 23.06.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.

               Certified c                                 Sd/-
                                                     (Gautam Chourdiya)
                                                            Judge




Nadim