Chattisgarh High Court
Munnaram Netam vs State Of Chhattisgarh on 1 December, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 821 of 2022
Munnaram Netam, S/o Jhitrai Netam, Aged About 45 Years, R/o Village - Bangabari
Talab Para, Chowki - Dudhawa, Police Station - Narharpur, District- North Bastar
Kanker (C.G.)
---- Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station, Narharpur,
District - North Bastar Kanker (C.G.)
---Respondent
01.12.2022 Mr. Santosh Bharat, counsel for the appellant.
Mr. R.M. Solapurkar, Govt. Advocate for the State/respondent.
Heard on application for suspension of sentence and grant of bail to
the appellant.
By the impugned judgment dated 26.03.2022 passed by the learned
First Additional Sessions Judge, Kanker, District- North Bastar Kanker
(C.G.) in Session Trial No. No. 31/2020, the appellant stands convicted,
as under:-
Conviction Sentence
U/s 304 Part-II of IPC : R.I. for 10 years and fine of Rs. 1000/- in default
of payment of fine 3 months additional R.I.
U/s 182 of IPC : R.I. for 6 years and fine of Rs. 500/- in default of
payment of fine 1 month additional R.I.
Learned counsel for the appellant would submit that the appellant is
in jail during trial from 28.06.2020 till date and he has already undergone
for two years and five months. He would further submit that the appellant
has two daughters and even after unfortunate death of his wife, no one is
there in the family to look after both the daughters, therefore, it is difficult
for them to get shelter and their whole life will ruin if the appellant is
remained in jail. He would further submit that there is no likelihood of the
appeal coming up for final hearing in the near future, hence, it is prayed
that the application be allowed and the appellant may be released on bail.
Learned State counsel opposes the bail application and submitted
that there is sufficient evidence against the appellant that the appellant
has deliberately thrown the victim to wall which has caused server injury
in her brain and thereafter she expired, therefore, the appellant is not
entitled for grant of bail.
I have heard learned counsel for the parties and perused the
documents placed on record with utmost satisfaction.
Ganeshwari (PW-3) who is daughter of the appellant has admitted
in her cross-examination that on the date of incident, the deceased was
intoxication and her father has advised why she has drunk by selling rice-
pulse and what would be left for their children to eat. She has further
stated that her mother used to drink alcohol every time, which has caused
annoyance to the family and she has further stated that the family life was
peaceful and no quarrel was taken place prior to this incident.
Considering the statement of PW-3, the appellant has two
daughters and no one is there in the family to look after them and also
considering the fact that the appellant belongs to tribal of Bastar where it
is very difficult circumstances to maintain social life and also considering
the fact that the appeal being of the year 2022, final hearing of the same
will likely to take time, I am inclined to suspend the sentence of the
appellant and release him on bail.
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 7th February, 2023. 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.
List this appeal for final hearing in its chronological order.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
