Arvind Singh Paikra & Another vs State Of Chhattisgarh
2022 Latest Caselaw 5210 Chatt

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                                                                      CRA No. 1269 of 2021




                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                CRA No. 1269 of 2021

   1. Arvind Singh Paikra S/o Bhem Prasad Paikra, aged about 25 years;

   2. Bhagwan Singh Kanwar S/o Pratab Singh, aged about 26 years;

      Both are R/o Village Murmur, Police Station Pendra, District Gaurela - Pendra-
      Marwahi, C.G.

                                         Versus

    State of Chhattisgarh, through Station House Officer, Police Station Pendra,
     District Gaurela - Pendra - Marwahi, C.G.


Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sachin Singh Rajput




 17.08.2022        Mr. Yogendra Chaturvedi, counsel for the appellants.


                   Mr. Arjit Tiwari, PL for the State / respondent.

Heard on I.A. No.1/2021, application for suspension of sentence

and grant of bail to appellant No.2 - Bhagwan Singh Kanwar.

By the impugned judgment and order of sentence dated

08.10.2021 passed by the learned Additional Sessions Judge,

Pendraroad, District Bilaspur, C.G. in Sessions Trial No.09/2020, the

appellants have been convicted as under:-

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Conviction (against both Sentence (against both appellants) appellants)

Under Section 302 r/w Section Life Imprisonment and fine of 34 of IPC Rs.100/- and in default of payment further additional R.I. for 01 month.

Under Section 201 of IPC R.I. for 3 years, and fine of Rs.100/- and in default of payment further additional R.I. for 01 month.

Mr. Yogendra Chaturvedi, learned counsel for the appellants,

submits that appellant No.2, Bhagwan Singh Kanwar, has falsely been

implicated in crime in question; eye witnesses Simran (PW-5) & Rohit

Kumar (PW-7) have not supported the case of the prosecution and

they have made statement against co-accused Arvind Singh Paikra,

herein appellant No.1, and the concerned trial Court has convicted

appellant No.2 by recording a finding which is perverse to the record.

He further submits that appellant is in jail since 08.10.2021. He also

submits that in FSL report (Ex.P/27) blood stained was found on article

E i.e. "shando baniyan" of appellant No.2 and only on the basis of FSL

report conviction against appellant No.2 is not sustainable and,

therefore, application for suspension of sentence and grant of bail may

be allowed and appellant No.2, Bhagwan Singh Kanwar, may be

released on bail.

Per contra, Mr. Arjit Tiwari, learned State counsel, opposes the

submission made by learned counsel for the appellant. He further 3 of 4 CRA No. 1269 of 2021

submits that in FSL report (Ex.P/27) human blood was found on article

E i.e. "shando baniyan" of appellant No.2, therefore, appellant No.2,

Bhagwan Singh Kanwar, may not be released on bail.

We have heard learned counsel for the parties, considered their

rival submissions made herein above and went through the records

with utmost circumspection.

Taking into consideration the statements of eye witnesses Simran

(PW-5) & Rohit Kumar (PW-7) in which they have made statement

against co-accused Arvind Singh Paikra and not against appellant

No.2, Bhagwan Singh Kanwar; further considering the fact that no

seizure or recovery has been made from appellant No.2; during trial

appellant No.2 was on bail and he did not misuse the liberty; he is in

custody since 08.10.2021 and further considering the materials

available on record we are inclined to grant bail to appellant No.2,

Bhagwan Singh Kanwar, accordingly, I.A. No.1/2021 is allowed.

The substantive jail sentence awarded to the appellant No.2

Bhagwan Singh Kanwar, 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 29 th of 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 4 of 4 CRA No. 1269 of 2021

on all such subsequent dates as are given to him by the said Court, till

the disposal of this appeal.

However, observation made herein above is only confined to

disposal of bail application and shall not be construed as opinion on

merits of the matter.

Certified copy as per rules.

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




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