Chattisgarh High Court
Salman Khan @ Sonu vs State Of Chhattisgarh on 31 January, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1015 of 2021
• Salman Khan @ Sonu, S/o Mubarak Khan, Aged About 22 Years, R/o Laxmipur, Behind
Pitamber Petrol Pump, Ambikapur, District Surguja Chhattisgarh., District : Surguja
(Ambikapur), Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh through Station House Officer, Police Station AJAK, Surajpur,
District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh
---- Respondent
31/01/2022 Mr. Surendra Singh, Senior Advocate with Mr. Neeraj Kumar Mehta,
Advocate for the appellant.
Ms. Shivali Dubey, P.L. for the State/respondent.
Heard on I.A.No.1/2021, application for suspension of sentence and grant of
bail to the appellant.
The appellant has been convicted and sentenced by the judgment of
conviction and order of sentence dated 04-09-2021 passed in Special Case
No.44/2019 by the Special Judge, (SC/ST Act), Surajpur, District Surajpur
(Chhattisgarh), in the following manner with direction to run all the jail sentences
concurrently :-
Sl. No. Conviction Sentence
1. U/s 302 of the IPC Life imprisonment and fine of Rs.500/-,
2. U/s 201 of the IPC 5 years Rigorous Imprisonment and fine of
Rs.500/-,
3. U/s 3(2)(V) of SC/ST Life Imprisonment and fine of Rs.500/-,
(Prevention of
Atrocities) Act
In default of payment of fine amount of above sentence one-one months
Additional Rigorous Imprisonment.
It is submitted by learned Senior counsel for the appellant that conviction
against this appellant it totally erroneous and without the evidence of prosecution
beyond reasonable doubt. The only circumstance on which the learned trial Court
has relied for convicting the appellant is the evidence of last seen together. The
witnesses Ravi Sonwani (PW-8) and Anshu Sonwani (PW-12) who have made the
statement of last seeing the appellant and the deceased together is not reliable
and trustworthy, thus, not inspiring any confidence. The appellant was unknown to
Ravi Sonwani (PW-8) and Anshu Sonwani (PW-12) and further, the investigating
agency has not conducted any test identification parade. The body of the
deceased was found about 6 days from the date of last seen as claimed, therefore,
looking to the time gap between the last seen circumstances and recovery of the
dead body of the deceased, the case against the applicant is not made out. The
appellant is in jail since 02-09-2019, there is likelihood of delay in final hearing of
this appeal. Therefore it is prayed that the appellant be enlarged on bail during
pendency of the appeal filed by him.
Learned State counsel vehemently opposes the application and the
submission made by learned Senior counsel. It is submitted that the prosecution
has proved its case beyond reasonable doubt. The whole chain of circumstances
has been proved by the prosecution. Firstly, the death of the deceased has been
reported as homicidal death by Doctor Suchita Nirmala Kindo (PW-14) which had
resulted due to incised wound on the neck of the deceased, this has not been
challenged by the appellant. A knife was seized from the possession of the
appellant, regarding which again there was report of Doctor Suchita Nirmala Kindo
(PW-14) that the same may have been used for causing fatal injury to the
deceased, which has remained unchallenged. The witnesses of last seen together,
Ravi Sonwani (PW-8) and Anshu Sonwani (PW-12) have supported the
prosecution case. Therefore, the only possible view which could be taken in the
light of these circumstances shall be against the appellant. Hence, the appellant is
not entitled for grant of bail.
Heard learned counsel for the parties and perused the record of the trial
Court.
Considered on these submissions and perused the evidence present in the
record of the case and we are of the considered view that the appellant should be
benefited with grant of bail during pendency of the appeal filed by him.
Accordingly, I.A.No.1/2021, application for suspension of sentence and
grant of bail is allowed.
It is directed that the jail sentence imposed upon the appellant shall remain
suspended during the pendency of this appeal and he shall be released on bail on
his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like
sum to the satisfaction of the trial Court for his appearance before the Registry of
this Court on 26th of April, 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
disposal of this appeal.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
Aadil
