Smt. Sangeeta Tikle vs State Of Chhattisgarh
2022 Latest Caselaw 4400 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet
                                    CRA No. 334 of 2019

   • Smt. Sangeeta Tikle W/o Shri Surendra Tikle Aged About 22 Years R/o Village Shish,
     P. S. Ratanpur, District Bilaspur District Bilaspur Chhattisgarh

                                                                             ---- Appellant

                                           Versus

   • State Of Chhattisgarh Through District Magistrate, Bilaspur District Bilaspur District
     Bilaspur Chhattisgarh

                                                                          ---- Respondent

Division Bench :-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sanjay S. Agrawal

11/07/2022 Shri Rajeev Kumar Dubey, counsel for the appellant/s.

Shri Soumya Rai, Panel Lawyer for the State.

Heard on I.A.No.1/20, application for suspension of sentence and grant of bail.

The appellant has been convicted under the judgment of conviction and order of sentence dated 28/01/2019 passed by learned 2nd Additional Sessions Judge, Bilaspur (CG) in Sessions Trial No.35/2018. The appellant has challenged the same in this appeal.

Case of the prosecution, in brief, is that the appellant poured kerosene on her mother-in-law - Bedbai and set her on fire due to which, Bedbai sustained burn injuries and died after 6 days i.e. on 03/12/2017.

Learned counsel for the appellant would submit that the first dying declaration was recorded on 28/11/2017 duly certified by the doctor that the deceased was in a fit state of mind to give statement in presence of her son. The doctor has been examined as (PW10) and the dying declaration has been exhibited as Ex.P/5. It is submitted that in that statement the deceased stated the incident to be accidental, while in the second dying declaration (Ex.P/32) recorded on 29/11/2017 by Additional Tahsildar, the deceased implicated the appellant being tutored by her parents and other relatives. Therefore, it is prayed that the appellant may be released on bail and sentence may be suspended.

Learned State counsel submits that the dying declaration (Ex.P/32) has been proved in accordance with law.

We have heard learned counsel for the parties, considered their rival submissions made herein above and also went through the records with utmost circumspection.

It is quite apparent that the dying declaration of the deceased Bedbai was recorded on 28/11/2017 by medical officer - Dr. Avinash Pathak (PW10), in which, she has clearly stated the incident to be accidental which has also been supported by her son - Surendra Tikle whereas Ex.P/32 has not been certified by the doctor that the deceased - Bedbai was in a fit state of mind to give statement.

Taking into consideration the aforesaid fact and other material available on record and considering that the appellant is in custody since 30/11/2017, we consider it to be a fit case for suspension of sentence and grant of bail.

Accordingly, I.A.No.1/20 is allowed. The substantive jail sentence awarded to the appellant is suspended during the pendency of this appeal and she is directed to be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- along with one surety in the like sum to the satisfaction of the concerned trial Court for her appearance before the Registry of this Court on 29/09/2022. She 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 her by the said Court till the disposal of this appeal.

Needless to say that the observations made herein above is only for disposal of application for suspension of sentence and grant of bail and nothing has been expressed which mayaffect the merits of the matter.

Certified copy as per rules.

                        Sd/-                             Sd/-

                ( Sanjay K. Agrawal)               (Sanjay S. Agrawal)
                       Judge                             Judge




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