Chattisgarh High Court
Ghassu vs State Of Chhattisgarh on 1 February, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 699 of 2021
Ghassu S/o Rajuram Karanga, Aged About 20 Years, R/o Village- Mahka, P.S. Tehsil
and District- Narayanpur, Chhattisgarh., District : Narayanpur, Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh through the P.S. - Narayanpur, District- Narayanpur,
Chhattisgarh., District : Narayanpur, Chhattisgarh
---- Respondent
01/02/2022 Shri Shobhit Koshta, Advocate for the appellant.
Shri Sudeep Verma, Deputy Govt. Advocate for the State/respondent.
Heard on I.A.No.1/2021, application for suspension of sentence and grant of
bail to the appellant.
The appellant has been convicted and sentenced by the judgment of
conviction dated 06-10-2020 and order of sentence dated 09-10-2020 passed in
Session Trial No.52/2015 by the Additional Sessions Judge Kondagaon, District
Kondagaon (Chhattisgarh), in the following manner with direction to run all the jail
sentences concurrently :-
Sl. No. Conviction Sentence
1. U/s 147 of the IPC R.I. for 6 months and fine of Rs.500/, in
default of payment of fine amount further R.I.
for 3 months,
2. U/s 5 of Tonhi R.I. for 3 years and fine of Rs.500/, in default
Pratadna Nivaran Act of payment of fine amount further R.I. for 3
months. Fine to be given to victim
Ghadvaram
3. U/s 5 of Tonhi R.I. for 3 years and fine of Rs.500/, in default
Pratadna Nivaran Act of payment of fine amount further R.I. for 3
months. Fine to be given to victim Ramvati.
4. U/s 5 of Tonhi R.I. for 3 years and fine of Rs.500/, in default
Pratadna Nivaran Act of payment of fine amount further R.I. for 3
months. Fine to be given to victim Dasribai.
5. U/s 302 r/w 149 of the Life Imprisonment and fine of Rs.2,000/-, in
IPC default of payment of fine amount further R.I.
for 6 months. Fine to be given to deceased
Ghadhvaram.
6. U/s 302 r/w 149 of the Life Imprisonment and fine of Rs.2,000/-, in
IPC default of payment of fine amount further R.I.
for 6 months. Fine to be given to deceased
Dasribai.
7. U/s 302 r/w 149 of the Life Imprisonment and fine of Rs.2,000/-, in
IPC default of payment of fine amount further R.I.
for 6 months. Fine to be given to deceased
Ramvati.
8. U/s 201 r/w 149 of the R.I. for 3 years and fine of Rs.500/, in default
IPC of payment of fine amount further R.I. for 3
months. Fine to be given to deceased
Dasribai.
9. U/s 201 r/w 149 of the R.I. for 3 years and fine of Rs.500/, in default
IPC of payment of fine amount further R.I. for 3
months. Fine to be given to deceased
Ramvati.
It is submitted by learned counsel for the appellant that conviction against this
appellant is bad in law. Similarly placed co-accused persons have been granted bail
by this Court after suspension of sentence against them in CRA No.879/2020 by
order dated 07-07-2021. This appellant is also similarly placed. The eye-witnesses
in this case Mankuram (PW-4) and Ranu Karanga (PW-8) have not named the
appellant as one of the persons who have assaulted the deceased persons. The
only offence that may be made out against the appellant that would of of under
Section 201 of the IPC, which is a bailable offence. Hence, under these
circumstances this appellant is also entitled for grant of bail. Therefore, it is prayed
that the application for suspension of sentence and grant of bail to the appellant
may be allowed.
Learned State counsel opposes the application and the submission and
submits that according to the deposition of Mankuram (PW-4) and Ranu Karanga
(PW-8), this appellant and other co-accused persons had been continuously present
during the whole incident when the deceased persons were brought to the place of
meeting, assaulted and done to death by the main accused persons. Further, the
statement of Ranu Karanga (PW-8) also shows that one of the deceased Ramvati
was burnt alive by all the persons accused in this case. Therefore, there is no case
present for suspension of sentence and grant of bail.
Learned counsel for the appellant submits in reply that the learned trial Court
has held in the impugned judgment that deceased Ramvati was already dead when
she was burnt by the accused persons. Hence, there is specific finding on this point
because of which the statement of Ranu Karanga (PW-8) cannot be taken into
consideration.
Heard learned counsel for the parties and perused the record of the trial
Court.
Considered on these submissions and perused the evidence present in the
record of the trial Court. Also considered on the order dated 07-07-2021 passed in
CRA No.879/2020, which is an order in appeal filed by the co-accused persons
against the same judgment of conviction against them. Hence, under these
circumstances we are of the view that the appellant is placed similarly to the co-
accused persons who have been granted bail by this Court in a separate appeal
filed by them. Therefore, we feel inclined to allow the application for suspension of
sentence and grant of bail to this appellant.
Accordingly, I.A.No.1/2021, application for suspension of sentence and grant
of bail is allowed.
It is directed that the jail sentence imposed upon the appellant shall remain
suspended during the pendency of this appeal and he shall be released on bail on
his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum
to the satisfaction of the trial Court for his appearance before the Registry of this
Court on 26th 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 disposal of this
appeal.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
Aadil
