Chattisgarh High Court
Omprakash Sahu vs State Of Chhattisgarh on 27 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No.732 of 2021
1. Omprakash Sahu, S/o Shri Sunder Lal Sahu, Age-42 years,
2. Jaiprakash Sahu @ Bhau @ Kalu, S/o Shri Sunder Lal Sahu, age-36 years,
3. Sunder Lal Sahu, S/o Late Shri Jugru Ram Sahu, age-66 years,
4. Dulaurin Bai Sahu, W/o Shri Sunder Lal Sahu, age-59 years,
All R/o Kuddudand, Gali No.1, near Mata Chaura, Police Station-Civil Line,
Bilaspur (CG)
-----Appellants
Versus
State of Chhattisgarh Through Police Station-Civil Line, Bilaspur (CG)
----Respondent
27/04/2022 Mr.Sanjay Agrawal, Advocate for the appellants.
Mr.Sunil Otwani, Additional Advocate General with
Mr.Soumya Rai, Panel Lawyer for the respondent/State.
Heard on I.A.No.01 for suspension of sentence and grant of
bail to appellant No.2-Jaiprakash Sahu, appellant No.3-Sunder
Lal Sahu and appellant No.4-Dulaurin Bai Sahu.
The appellants have been convicted for the offences
punishable under Sections 302 and 201 read with Section 34 of
the IPC and sentenced them to undergo imprisonment for life
and fine of Rs.5000/-, in defaults of payment of fine to further
undergo R.I. for 250 days and R.I. for five years and fine of
Rs.2000/-, in default of payment of fine to further undergo R.I. for
100 days by the Fifth Additional Sessions Judge, Bilaspur in
Sessions Trial No.22/2019 vide judgment dated 26.6.2021.
At this stage, Mr.Sanjay Agrawal, learned counsel
appearing for the appellants, would submits that appellant No.3-
Sunder Lal Sahu has died on 26.4.2022, therefore, he is not
pressing his appeal. He would further submit that there is no oral
and documentary evidence available on record to implicate
appellants No.2 and 4 in offence in question and merely on the
basis of conjectures and surmises, they have been convicted.
They are in jail since 30.11.2018. He would also submit that their
conviction is based on no evidence and Bhagat Ram Sahu (PW-
1) (brother of the deceased) and Smt.Kanti Bai (PW-2) (mother
of the deceased) have not supported the case of the prosecution
particularly against appellants No.2 and 4 and as such, their bail
application deserve to be allowed and they be released on bail.
On the other hand, Mr.Sunil Otwani, learned Additional
Advocate General with Mr.Soumya Rai, learned Panel Lawyer
for the respondent/State, would support the impugned judgment
and submit that on the basis of oral and documentary evidence
available on record, the appellants have rightly been convicted
and as such, their application deserve to be rejected.
We have heard learned counsel appearing for the parties
on I.A.No.1 and gone through the records with utmost
circumpection.
Taking into consideration the evidence available on record
particularly the statements of Bhagat Ram Sahu (PW-1) (brother
of the deceased) and Smt.Kanti Bai (PW-2) (mother of the
deceased) and other material available on record, we are
inclined to grant bail to appellant No.2-Jaiprakash Sahu and
appellant No.4-Dulaurin Bai Sahu.
Accordingly, I.A.No.01 is allowed. The substantive jail
sentence imposed upon appellant No.2-Jaiprakash Sahu and
appellant No.4-Dulaurin Bai Sahu is suspended and they are
directed to be released on bail on their furnishing a personal
bond in the sum of Rs.50,000/- with one surety in the like
amount to the satisfication of the concerned trial Court for their
appearance before the Registry of this Court on 22 nd August,
2022. They 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
them by the said Court, till the disposal of this appeal. However,
the State Counsel will verify and produce death certificate of
appellant No.3-Sunder Lal Sahu.
I.A.No.03
Also heard on I.A.No.03 for temporary bail to appellant
No.1-Omprakash Sahu.
Since appellant No.2 and 4 have already admitted to
privilege of suspension of sentence today itself, their application
for temporary bail is dismissed. However, appellant No.1-
Omprakash Sahu is elder son of appellant No.3-Sunder Lal
Sahu, who has died on 26.4.2022.
Taking into consideration the fact that appellant No.1-
Omprakash Sahu is elder son of appellant No.3-Sunder Lal
Sahu, he is granted temporary bail from 28.4.2022 to 8.5.2022
on his furnishing a personal bond in the sum of Rs.50,000/- with
one surety in the like amount to the satisfaction of the trial Court
on or before 28.4.2022. Appellant No.1-Omprakash Sahu shall
positively surrender before the concerned trial Court on 8.5.2022
and from there, he be sent to jail.
A copy of this order be sent to the concerned jail authorities.
Certified copy today.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rajani Dubey)
Judge Judge
B/-
