Chandraprakash Das @ Chandu @ Babu vs State Of Chhattisgarh
2022 Latest Caselaw 4911 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                         CRA No. 1857 of 2019
    Chandraprakash Das @ Chandu @ Babu S/o Ramakant Das Aged About 22 Years R/o
    Laxmanpur Camp, Kirandul, District Dandewada Chhattisgarh., District : Dantewada,
    Chhattisgarh.
                                                                         ---- Appellant
                                                 Versus
    State Of Chhattisgarh Through Police Station Kirandul , District Dantewada Chhattisgarh.,
    District : Dantewada, Chhattisgarh.
                                                                            ---- Respondent

01/08/2022 Shri M.K. Baeg, counsel for the appellant.

Shri Ankur Kashyap, P.L. for the State.

Heard.

Admit.

Also heard on I.A. No.1 of 2019, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 22/10/2019 passed by the Sessions Judge, South Bastar Dantewada (C.G.) in Session Case No 287/2018, the appellant stands convicted and sentenced as under :-

                  Conviction                                  Sentence

                  Under Section 307 of Indian                 R.I. for 10 years and fine of Rs.
                  Penal Code                                  2,000/-. In default of payment of
                                                              fine further R.I. for three month.

Counsel for the appellant submits that though the injury was inflicted on the vital part of injured, however, looking to the injury and period of admission and the date on which he was medically examined, though it is not a case of Section 307 of IPC, there was no intention by the appellant to commit murder of the injured, he has already served more than three years out of ten years awarded to him, appeal is likely to take some time, during trial he was on bail which is not disputed and he is not misused the liberty, therefore, he may be granted suspension of sentence.

On the other hand learned State counsel submits that the though the simple injury was caused but it was on the neck i.e. vital part and the nature of injury, he further submits that though the doctor's opinion stated that injury is simple in nature, however, nature of injury is not the only ground to reject the case of 307 of IPC, therefore, the appellant has rightly been convicted.

Looking to the injury and looking to the period of detention, the appeal is likely to take some time, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.1 of 2019) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 30/09/2022 and thereafter shall appear before the trial Court on a date to be given by the Registry and shall continue to appear there on all such subsequent dates as are given to him by the said Court till disposal of this appeal.

List this appeal for final hearing.

Sd/-

(Sachin Singh Rajput) JUDGE

Kamde