Mansingh Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 7380 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                               CRA No. 1227 of 2022
  Mansingh Sahu S/o Shankarlal Sahu Aged About 41 Years R/o Durga Chaura,
   Bansankra, Thana - Simga,, District : Balodabazar-Bhathapara, Chhattisgarh
                                                                      ---- Appellant.
                                       Versus
  State of Chhattisgarh Through Thana In Charge, Police Station - Simga, District :
   Balodabazar-Bhathapara, Chhattisgarh
                                                                     ---- Respondent

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07-12-2022 Mr. Samir Singh, counsel for the appellant.

Mr. Praveen Shrivastava, PL for the State. Heard on I.A.No.1 of 2022 which is an application for suspension of sentence and grant of bail.

The appellant stands convicted by the impugned judgment dated 21-7-2022 passed by the learned Additional Sessions Judge, Bhatapara, District Baloda Bazar Bhatapara in Sessions Trial No. H- 31 of 2018 for the offence punishable under Section 307 of IPC and sentenced to undergo RI for seven years and fine of Rs.500/-, under Section 498 of IPC and sentenced to undergo RI for three years and fine of Rs.500/- with default stipulations. Both the sentences are directed to run concurrently.

Learned counsel for the appellant would submit that the injury sustained by the victim is not so fatal that it may cause death to the victim. He would further submit that PW/10 Doctor Prakash Agrawal, who examined the victim/injured has nowhere stated that injury sustained by the victim may cause death to the victim and in the query report also there is no description of gravity of the injury which may cause and the Doctor in examination-in-chief has stated that the victim has sustained one lacerated wound on her left shoulder in the size of 6 x 5 cm and rest of the injuries were simple in nature. He would further submit that the victim remained for six days in the hospital. The appellant was in jail 143 days during trial and even after pronouncement of judgment and till date he has completed nine months jail sentence, the appeal is of 2022 and hearing of appeal on merits will take some time, therefore, the appellant may be released on bail.

On the other hand, learned State counsel opposes the bail application.

I have heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case, particularly considering the medical report of the Doctor Prakash Agrawal (PW/10) who stated that the injury sustained by the victim is not fatal that it may cause death to the victim, this appeal is of 2022 and also the fact that hearing of appeal will take some time, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No. 1 of 2022 is allowed and it is directed that the execution of further substantive jail sentence shall remain suspended and the appellant 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 the trial Court for his appearance before the Registry of this Court on 27-1-2023. 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 case for fnal hearing in its chronological order. Cc as per rules.

Sd/-

(Narendra Kumar Vyas) Judge

Raju