Aditya Kristofar @ Ilu @ Anna vs State Of Chhattisgarh
2022 Latest Caselaw 790 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 50 of 2022

   Aditya Kristofar @ Ilu @ Anna S/o Late D. Prakash Kristofar, aged about 26 years
   R/o Aparna, Chennai, At Present R/o In The House Of Sanju Goswami, Housing
   Board Colony, Quarter No. Mig-91, Police Station Pandri, District: Raipur
   Chhattisgarh

                                                                     ---- Appellant

                                     Versus

   State of Chhattisgarh through The Station House Officer, Police Station:Hirri,
   District: Bilaspur Chhattisgarh

                                                                  ---- Respondent

15.02.2022 Mr. Neeraj Kumar Mehta, Counsel for the appellant.

Mr. Sudeep Verma, Dy. G.A. for the State/Respondent. Heard.

Admit.

Also heard I.A. No.3/2022, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 01.02.2021 passed in S.T. No.67/2018 by learned Fifth Additional Sessions Judge, Bilaspur, District: Bilaspur, Chhattisgarh, the appellant stands convicted as mentioned below:

                  Conviction             Sentence                In Default

              U/s 364-A of IPC     Life     imprisonment In default of payment
                                   and fine of Rs.500    of     fine    amount
                                                         additional RI for 1
                                                         month.
  U/s 394 of IPC        RI for 10 years with a In default of payment
                       fine    amount      of of     fine    amount
                       Rs.500/-               additional RI for 1
                                              month.

It is submitted that the conviction against the appellant is erroneous and unsustainable. Two co-accused persons namely Naresh Singh @ Mona Singh Chouhan and Sandeep @ Sanju Goswami have been granted bail by this Court vide order dated 17.12.2021 passed in CRA No.578 of 2021 and CRA No.375 of 2021. It is submitted that the case of the present appeal is identical. On perusal of whole material of the prosecution, no case is made out under Section 364-A of IPC, and further the Test Identification Parade conducted was doubtful for the reasons that it was conducted in the presence of police and the Dock Identification of the appellant in the Court is suggestive. Therefore, the case against the appellant is a simple case of robbery only. Hence, it is prayed that on the ground of parity this appellant may also be enlarged on bail.

State counsel opposes the application and submitted that the prosecution has proved its case beyond reasonable doubt. There is clear statement of victim (PW-2) who has identified the appellant in the Court and had given statement against him, which is also supported by the Investigating Officer (PW-14). Therefore, there is no case present for suspension of sentence and grant of bail to the appellant.

Heard both the parties and perused the record of the Trial Court.

Considered on the submissions. Perused the evidence present in the record and for the reasons that the similarly placed co-accused persons who have filed different appeals have been enlarged on bail by this Court. Hence, for this reason, we feel inclined to allow this application also. Hence, the application is allowed.

Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 06.04.2022. 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.

List this case for final hearing in due course along with CRA No.375 of 2021 and CRA No.578 of 2021.

                     Sd/-                                      Sd/-
                (R.C.S. Samant)                (Arvind Singh Chandel)
                    Judge                              Judge




Saurabh