Chattisgarh High Court
Rajesh Kumar Alias Nanki Dau vs State Of Chhattisgarh on 24 August, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 296 of 2022
1. Rajesh Kumar Alias Nanki Dau S/o Sakuram Khairwar Aged About 23 Years,
2. Shivanand Alias Dara S/o Sakuram Khairwar Aged About 26 Years,
3. Deepak Kumar S/o Panchuram Khairwar Aged About 21 Years
All are R/o Village Koniyapath, Police Station Saragaon, District Janjgir-Champa,
Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
---- Appellants
Versus
State Of Chhattisgarh Through Police Station Saragaon, District Janjgir-Champa,
Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
----- Respondent
24/08/2022 Shri F.S. Khare, counsel for the appellants.
Shri Sudeep Verma, Dy. Govt. Advocate for the State.
Heard on I.A. No.1/2022, which is an application for suspension of sentence and
grant of bail.
By the impugned judgment of conviction and order of sentence dated 24/01/2022
passed by the First Additional Sessions Judge, Janjgir, District Janjgir-Champa (C.G.)
in Session Trial No. 70/2019, whereby the appellants have been convicted and
sentenced in the following manner :-
Conviction Sentence
Under Section 302/34 of IPC. R.I. for life and fine of Rs.20,000/-
each in default of payment of fine
additional S.I. for one year each.
Under Section 323/34 of IPC. R.I. for one year and fine of
Rs.1,000/- each in default of
payment of fine additional S.I. for
one month each.
All the sentence will run
concurrently except sentence of
fine.
Learned counsel for the appellants submits that there is no allegations of
causing assault by the appellant No.1 Rajesh Kumar and appellant No.3 Deepak
Kumar which is apparent from the statement of PW-2 Uttara Kumar Khairwar. He
further submits that Shivanand has caused injury to the deceased Gangadhar Khairwar
which is also apparent from the statement of PW-2 Uttara Kumar Khairwar and PW-3
Dilip Kumar Yadav and furthermore the date of incident is 01/08/2019 and death of
deceased is 18/08/2019. Appellants No. 1 & 3 are on bail during trial and they have not
misused the liberty granted to them, hence they deserves to be released on bail.
On the other hand learned State counsel opposes the bail application and
submits that there is specific allegations leveled against the appellants. The appellants
1 & 3 caused injury by lathi as the appellant No. 2 caused injury by cricket bat,
therefore their bail application may be rejected.
Taking into consideration the evidence available on record and considering the
facts and circumstances of the case. PW-2 Uttara Kumar Khairwar and PW-3 Dilip
Kumar Yadav have specifically stated against the appellant No. 2 who caused injury to
deceased and further pursuant to the memorandum statement and recovery of cricket
bat, we are not inclined to suspend the sentence of appellant No.2 Shivanand alias
Dara. However, considering the statement of PW-2 Uttara Kumar Khairwar and PW-3
Dilip Kumar Yadav and further considering that the appellant No. 1 & 3 were on bail
during trial and not misused the liberty granted to them. In view of above facts and
circumstances of the case, we are of the opinion that, it is a fit case to suspend the
sentence and grant of bail to the appellant No.1 Rajesh Kumar alias Nanki Dau and
appellant No.3 Deepak Kumar. Accordingly, I.A. No.1 is allowed.
The substantive jail sentence awarded to the appellants No.1 & 3 is suspended
during the pendency of this appeal and they are directed to be released on bail on their
furnishing a personal bond in the sum of Rs. 25,000/- each along with one surety each
in the like sum to the satisfaction of the concerned trial Court for their appearance
before the Registry of this Court on 29 th September, 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, observation made herein-above is only confined to disposal of bail
application and shall not be construed as opinion on merits of the matter.
List this case for final hearing.
Certified copy as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Kamde Judge Judge
