Chattisgarh High Court
Man Singh Markam vs State Of Chhattisgarh on 25 August, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 112 of 2022
Man Singh Markam, S/o Dev Singh Markam, aged about 55 years, Resident of
Hathinara Potapani, Police Station Pali, District Korba (Chhattisgarh)
....Appellant
(In Jail)
Versus
State of Chhattisgarh, through Police Station Pali, District Korba (Chhattisghar)
....Respondent
Division Bench:
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sachin Singh Rajput
25/08/2022 Mr. Rahil Arun Kochar, Advocate for the appellant.
Mr. Ashish Tiwari, Government Advocate for the respondent-State.
Heard on IA No.01 of 2022, which is an application filed on behalf of the
appellant under Section 389 of Cr.P.C. for suspension of sentence and grant of
bail.
By impugned judgment of conviction and order of sentence dated
10.12.2021, the appellant has been convicted for offence under Section 302 of
IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.200/-
and, in default of fine, additional rigorous imprisonment of 01 month.
Mr. Kochar, learned counsel for the appellant submits that the appellant is
innocent and has been falsely implicated. There is no evidence available on
record against the present appellant to show that he has caused death of the
deceased- Ramnarayan Singh. Indeed, Rai Singh (PW-01), who is son of the
deceased has not supported the case of the prosecution and in Para-08 has
clearly stated that prior to the incident also his father used to heavily drink liquor
and found lying at various places. He further submits that the medical evidence
also does not support the case of the prosecution. The learned trial Court without
appreciating the oral and documentary evidence available on record in its correct
perspective has convicted the appellant for the aforementioned offence by
recording perverse findings, which is contrary to record. The appellant is in jail
since 24.07.2020 and has completed more than 02 years in jail and there is no
possibility of this appeal to be heard finally in near future, therefore, the appellant
be enlarged on bail by suspending his jail sentence. He relied on Sunil Kundu
and another vs. State of Jharkhand reported in (2013) 4 SCC 422 in support of
his submissions.
Per-contra, Mr. Ashish Tiwari, learned State counsel opposed the application
and submits that present appellant has caused death of deceased. The
prosecution has proved the offence beyond reasonable doubt by leading
evidence of clinching nature. By taking this Court to medical evidence available
on record, he submits that there is sufficient material available on record to
connect the appellant-accused with the offence and the learned trial Court has
rightly convicted the appellant for the offence aforementioned and, therefore, the
present application deserves to be rejected.
After hearing learned counsel for the parties and taking into consideration
the material available on record and especially the statement of Rai Singh (PW-
01), who is son of the deceased coupled with other evidence available on record
and that the appellant is jail since 24.07.2020 had have completed more than 02
years in jail and hearing of this appeal would take prolonged period of time in
near future, we deem it appropriate to allow the application for suspension of
sentence and grant of bail.
Accordingly, the substantive jail sentence awarded to the appellant by the
learned trial Court is hereby suspended. The appellant- Man Singh Markam be
released on bail on his executing a bail bond of Rs.25,000/- (Twenty-Five
Thousand Only) with one surety in the like amount to the satisfaction of the
concerned trial Court for his appearance before the Registry of this Court on
08.12.2022. He shall thereafter appear before the concerned 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, interval being not
less than 6 months, till the disposal of this appeal.
Consequently, I.A. No.01 of 2022 is allowed.
It is made clear that the observations made hereinabove are only confined
for disposal of IA No.01 of 2022 and it shall not be construed as an expression of
opinion of this Court on the merits of the matter.
C.C. as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Judge Judge
[email protected]
