Dhunesh Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 923 Chatt

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                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                        CRA No. 1420 of 2015

  • Dhunesh Sahu S/o Banshi Lal Sahu Aged About 23 Years R/o Village - Bami, P. S. -
    Sahashpur Lohara, District - Kabirdham, Chhattisgarh               ---- Appellant

                                             Versus

  • State Of Chhattisgarh Through Station House Officer, Sahashpur Lohara, Distt.
    Kabirdham, Chhattisgarh                                             ---- Respondent

22/02/2022 Mr. Ajay Ayachi, counsel for the appellant/s.

Mr. Soumya Rai, P.L. for the State.

Heard on repeat application (I.A. No.1/2021) for suspension of sentence and grant of bail. First application was dismissed as withdrawn vide order dated 09.08.2017.

By the impugned judgment dated 29.07.2015 passed by the learned Sessions Judge, Kabirdham (Kawardha), C.G. in Sessions Trial No.14/2015, the appellant stands convicted as under:-

                           Conviction                                 Sentence

             Under Section 302 of IPC                   Imprisonment for life.

Learned counsel for the appellant submits that the conviction against the appellant is totally erroneous and there is no material present in the case to hold this conviction. If the offence is made out, shall be at the most under Section 304 part-II of the IPC. It is also submitted that Topsingh Sahu (PW-1) & Dhamsingh (PW-2) are the witnesses who have given heresy evidence and the person namely Raj Kumar who was the source of this information has not been examined in the trial. It is further submitted that the incident had occurred in the heat of the arguments between the appellant and his mother/the deceased,

therefore, there is all possibility that the appellant shall succeed in this appeal. It is next submitted that the appellant is in jail since more than 7 years, 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 Topsingh Sahu (PW-1) has very clearly stated in his examination-in-chief that it was the appellant himself who made this disclosure that he had inflicted the injury to the deceased which has caused her death. Similarly, the evidence of circumstances present supports the case of the prosecution, therefore, 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 taking into consideration that there is no eyewitness of this case and considering the statement of Topsingh Sahu (PW-1) & Dhamsingh (PW-2) specifically and also that the appellant is in jail since more than 7 years, at this stage, 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)
Ravi              Judge                                              Judge