Kamlesh Mali @ Mundul vs State Of Chhattisgarh
2022 Latest Caselaw 922 Chatt

                                                  1

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                           CRA No. 1755 of 2019

  • Kamlesh Mali @ Mundul S/o Resham Marar Aged About 28 Years R/o Village- Tilaimuda,
    Police Station- Sarangarh, District- Raigarh, Chhattisgarh.

                                                                                       ---- Appellant

                                               Versus

  • State Of Chhattisgarh Through The Station House Officer, Police Station, Sarangarh,
    District- Raigarh, Chhattisgarh.                                      ---- Respondent

22/02/2022 Mr. Vipin Singh, counsel for the appellant/s.

Ms. Madhunisha Singh, Dy. A.G. for the State.

Heard on application (I.A. No.2/2019) for suspension of sentence and grant of bail.

By the impugned judgment dated 13.05.2019 passed by the learned Additional Sessions Judge, Sarangarh, District- Raigarh (C.G.) in Sessions Trial No.06/2018, the appellant stands convicted as under:-

                              Conviction                                 Sentence

             Under Section 302 of IPC                      Imprisonment for life and fine amount
                                                           of Rs.1,000/-, in default of payment of
                                                           fine amount, additional R.I. for 6
                                                           months.

Learned counsel for the appellant submits that the conviction against the appellant is totally erroneous. There is no eyewitness in this case and other witnesses on which prosecution has placed reliance, have turned hostile in the trial. The conviction is based only on the recovery of a bamboo stick from the

appellant on his memorandum and there is no other connecting evidence to show that the bamboo stick was used in the commission of offence, hence, the appellant has a good case to argue in this appeal. Therefore, it is prayed that the appellant may be released on bail.

On the other hand, learned State counsel opposes the bail application and submits that the prosecution has proved the circumstances against the appellant. The seizure of article on the basis of memorandum statement of the appellant is an important evidence, hence, there is no case made out for grant of bail to the appellant.

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

Considered on the submissions. After perusing the record of the case, we are of this view that the appellant should be granted bail during the pendency of this appeal.

Accordingly, the application for suspension of sentence and grant of bail is allowed. It is directed that the substantive jail sentence awarded to the appellant is suspended and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 11.05.2022. 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 further dates as may be directed by the said Court, interval being not less than 6 months, during the pendency of this appeal.

Certified copy as per rules.

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


Ravi