Prabhat Kumar Nishad vs State Of Chhattisgarh
2022 Latest Caselaw 523 Chatt

                                                   1

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                          CRA No. 90 of 2020

  • Prabhat Kumar Nishad S/o - Dilip Kumar Nishad Aged About 22 Years Occupation-
    Labour, R/o- Village- Bendri, Police Station- Utai, District- Durg, Chhattisgarh.

                                                                                      ---- Appellant

                                                 Versus

  • State Of Chhattisgarh Through- The Arakshi Kendra- Utai, District- Durg, Chhattisgarh.

                                                                                  ---- Respondent

28/01/2022 Mr. T.K. Jha, counsel for the appellant/s.

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

Heard on repeat application (I.A. No.3/2021) for suspension of sentence and grant of bail.

It is a repeat application for suspension of sentence and grant of bail. First application was dismissed as withdrawn vide order dated 08.10.2020 with liberty to revive after one year.

By the impugned judgment dated 23.12.2019 passed by the learned 2 nd Additional Sessions Judge, District- Durg (C.G.) in Sessions Trial No.60/2018, the appellant stands convicted as under:-

Conviction Sentence

Under Section 306 of IPC R.I. for 7 years and fine amount of Rs.2,000/-, in default of payment of fine amount, R.I. for 6 months.

Learned counsel for the appellant submits that without being any

clinching and sufficient evidence learned trial Court has convicted the appellant. There is no legal evidence available on record on the basis of which it can be said that the deceased was subjected to cruelty by the appellant as also no evidence available on record which shows that the appellant has instigated the deceased for committing suicide in any manner, therefore, conviction is not sustainable. It is further submitted that 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.

I have heard learned counsel for the parties, perused the record of the trial Court and gone through the statements of the witnesses. On due consideration, I am of the view that it is a fit case for grant of bail.

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 26.04.2022. 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 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/-

(Arvind Singh Chandel) Judge

Ravi