Madkami Sanna vs State Of Chhattisgarh
2022 Latest Caselaw 5206 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                  CRA No. 265 of 2022
    Madkami Sanna S/o Late Hadama Madkami Aged About 19 Years R/o Village
     Baadanpal, Nakapara, P.S. Darbha, District Bastar, Chhattisgarh.
                                                                             ---- Appellant
                                            Versus
    State Of Chhattisgarh Through The Station House Officer, P.S. Darbha, District Bastar,
     Chhattisgarh.
                                                                          --- Respondent

DB Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Sachin Singh Rajput JJ.

17.08.2022 Ms. Reena Singh, counsel for the appellant.

Mr. Soumya Rai, P. L. for the State/respondent.

Heard on I.A.No.1, application for suspension of sentence and grant

of bail to the appellant.

By the impugned judgment and order of sentence dated 06.01.2022

passed by the learned Additional Sessions Judge, Bastar District-

Jagdalpur, (C.G.) in ST No.79/2018, the appellant has been convicted for

the offence punishable under Section 302 of the Indian Penal Code and

sentenced to undergo life imprisonment and pay fine of Rs.2,000/-, in

default to further undergo 02 months imprisonment.

Learned counsel for appellant submits that the appellant has not

committed any offence and he has been falsely implicated in this case. He

further submits that only on the basis of memorandum (Ex.P-11) and seizure

of Tangi (Ex.P-12) which was stained with human blood has been found but

blood group is not ascertained. He further submits that other co-accused Rohit

Markam has been acquitted from the charges, therefore, the application of

present appellant for suspension of sentence and grant of bail deserves to be

allowed.

Learned State Counsel submits that in pursuant to the memorandum

and seizure of Tangi which was stained with human blood, therefore, the

application deserves to be rejected.

We have heard learned counsel for the parties and considered their

rival submissions and also perused the records with utmost

circumspection.

Taking into consideration the evidence available on record and

looking to the memorandum (Ex.P-11) and seizure of Tangi (Ex.P-12) from

Lakhma Madkami which was stained with human blood but blood group is

not ascertained and other material available on record and he is in jail

since 23.08.2018, we are of the opinion that, it is a fit case to grant

suspension of sentence and grant bail to the appellant. Accordingly,

I.A.No.1 is allowed.

The substantive jail sentence awarded to the appellant is suspended

during the pendency of this appeal and he is directed to be released on bail

on his furnishing a personal bond in the sum of Rs. 25,000/- along with

one surety in the like sum to the satisfaction of the concerned trial Court for

his appearance before the Registry of this Court on 29th September, 2022.

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.

Certified copy as per rules.

                       Sd/-                              Sd/-
              (Sanjay K. Agrawal)               (Sachin Singh Rajput)
                    Judge                              Judge


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