Miruram Markam vs State Of Chhattisgarh
2022 Latest Caselaw 1069 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                   Criminal Appeal No.1157 of 2018
 •   Miruram Markam S/o Dukhuram Aged About 24 Years R/o Village Teksa,
     Police Station Vishrampuri, District Kondagaon Chhattisgarh
                                                                       --- Appellant

                                 Versus
 •   State Of Chhattisgarh Through The Station House Officer, Police Station
     Vishrampuri, District Kondagaon Chhattisgarh
                                                                     ---Respondent

25/02/2022 Mrs. Smita Jha, counsel for the appellant.

Mr. Sudeep Verma, Dy.G.A. for the State.

Heard on I.A. No.4, this is repeat application for suspension of sentence and grant of bail to the appellant.

The earlier bail application filed by the appellant for suspension of sentence and grant of bail was dismissed as withdrawn vide order dated 15.11.2018.

Appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 23.05.2018, in S.T. No.91/2015, passed by the Learned Additional Sessions Judge, Kondagaon, District- Kondagaon (C.G.) in the following manner :-

                    Conviction                                  Sentence

             U/s. 304 (Part-II) of Indian       R.I. for 10 years.
             Penal Code.

Learned counsel appearing for appellant would submit that the conviction against the appellant is erroneous and bad in law. The statements of prosecution witness are not reliable and trustworthy. The appellant is in jail since 03.07.2015. The total sentence imposed upon the appellant is 10 years, therefore, looking to the length of detention of the appellant and that filing of this Appeal may be frustrated, if he is not granted bail, hence, it is prayed that he may be enlarged on bail.

Per contra, the learned State counsel opposes the application and submissions made by the learned counsel for the appellant. It is submitted that prosecution has proved its case beyond reasonable doubt. Therefore, the appellant is not entitled for grant of bail.

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

Considered on the submissions. Considering that the appellant is about to complete 07 years in jail and the total jail sentence imposed is R.I. for 10 years. Further there appears to be likelihood of delay in final hearing of this case, therefore, I feel inclined to allow this application.

Heard on I.A. No.4, application for suspension of sentence and grant of bail to the appellant, is allowed.

Execution of substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum Rs.25,000/- each with one local surety each for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28th of April, 2022. 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.

Certified copy as per rules.

Sd/-

Monika (Rajendra Chandra Singh Samant) Judge