Ganeshwar @ Ganeshwar Binjhiya vs State Of Chhattisgarh
2022 Latest Caselaw 7203 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                 CRA No. 227 of 2021



  Ganeshwar @ Ganeshar Binjhiya son of Noharsai, aged about 40 years, resident of
   Village-Potka Badkapara, Police Station- Udaypur, District-Surguja (C.G.).
                                                                              ---- Appellant
                                         Versus
  The State of Chhattisgarh Through: the District Magistrate, District-Surguja (C.G.).


                                                                           ---- Respondent

01.12.2022 Mr. Atul Pandey, counsel for the appellant.

Mr. Ajay Kumrani, P. L. for the State/respondent. Heard on application (I.A. No. 01 of 2021) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 08.01.2021, passed by 1 st Additional Sessions Judge, Ambikapur, District-Surguja (C.G.) in Special Sessions Trial No.- 59/2019, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 294 of Indian Rigorous Imprisonment for 3 Penal Code months.

2. Under Section 307 of Indian Rigorous Imprisonment for 7 Penal Code years and fine of Rs. 100/- in default of payment of fine amount to further undergo 6 months R.I.

3. Under Section 506 Part-2 of Rigorous Imprisonment for 3 Indian Penal Code years

All the sentences were ordered to run concurrently. Learned counsel for the appellant submits that the appellant has been falsely implicated in this case, as he has not committed the alleged crime. He further submits that during trial the appellant was in jail and after conviction till today he is in jail thus, he has completed 3 years and 6 months out of total punishment i.e. 7 years. The doctor was also examined before the trial Court and he has not specifically given an opinion that injury sustained by the deceased is sufficient to cause death to the deceased. He lastly submits that that the appeal being of the 2021 year and disposal of the appeal is likely to take some time. Therefore, it is prayed that the appellant may be released on bail.

On the other hand, learned State Counsel opposes submissions of the counsel for the appellant and would submit that the injuries caused to the victim is grievous in nature and there is clinching evidence of the prosecution to prove the guilt of the appellant, therefore, the bail application of the appellant deserves to be rejected.

I have heard learned counsel for the parties.

Considering the facts and circumstances of the case, it is quite vivid that appellant has completed more than 3 years of imprisonment out of the total imprisonment i.e. 7 years and disposal of the appeal may take some time, without expressing anything on merit of the case I am inclined to allow the appellant to release him on bail accordingly, the application (IA No.1 of 2021) is allowed.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 10th of January, 2023. He shall thereafter appear before Registry of this Court on a date to be given by the Registry of this Court and shall continue to appear on all such subsequent dates as are given to him by the Registry of this Court till the disposal of

this appeal.

List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

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