Ekam Patel vs State Of Chhattisgarh
2022 Latest Caselaw 161 Chatt

                                                1

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                     CRA No. 997 of 2021

  • Ekam Patel S/o Bholaram Patel Aged About 21 Years R/o Village Rampur, P.S. Kartala,
    District : Korba, Chhattisgarh

                                                                                     ---- Appellant

                                             Versus

  • State Of Chhattisgarh Through- Police Station Kartala, District : Korba, Chhattisgarh

                                                                                  ---- Respondent

10/01/2022 Mr. C. Jayant K. Rao, counsel for the appellant/s.

Mr. Rajendra Tripathi, P.L. for the State.

Heard on application (I.A. No.1/2021) for suspension of sentence and grant of bail.

By the impugned judgment dated 22.06.2021 passed by learned Sessions Judge, Korba, District- Korba (C.G.) in Sessions Trial No.60/2019, the appellant stands convicted as under:-

                              Conviction                               Sentence

              Under Section 397 of IPC                   7 years rigorous imprisonment.

              Under Section 302/34 of IPC                Life imprisonment and fine of Rs.500/-
                                                         each. In default of payment of fine six
                                                         months additional R.I.

Learned counsel for the appellant submits that the conviction of the appellant is bad in law. Sarju Singh (PW-1) was examined as eyewitness who has not identified the appellant. Bhay Singh (PW-2) has not made any clear statement against the appellant. Pitambar Pandey (PW-10) is the father of the

deceased, who has made improved statement before the Court. It is only the statement of the witness, on which, reliance has been placed by the learned trial Court, therefore, no case is made out against the appellant. Hence, 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 prosecution has proved its case beyond reasonable doubt, hence, the application is not fit to be allowed.

Considering on the submissions made by the learned counsel for the parties and also perused the evidence present in the record of the trial Court. After considering statements of Sarju Singh (PW-1), Bhay Singh (PW-2) and Pitambar Pandey (PW-10), we are of the considered view that it is a fit case where such an application should be allowed.

Accordingly, application (I.A. No. 01/2021) 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 24.03.2021. 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.

List this case for final hearing in due course.

Certified copy as per rules.

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


Ravi