Netram Dhritlahre vs State Of Chhattisgarh
2022 Latest Caselaw 4552 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                                CRA No. 1427 of 2021
  Netram Dhritlahre S/o Govind Ram Dhritlahre Aged About 27 Years R/o Village
   Baronda, Police Station Rajim, District Gariyaband Chhattisgarh ---- Appellant
                                      Versus
  State Of Chhattisgarh Through Station House Officer, Police Station Rajim, District
   Gariyaband Chhattisgarh                                        --- Respondent

18.07.2022 Mr. K.K. Dewangan, counsel for appellant.

Mr. Praveen Shrivastava, PL for the State/respondent.

Mr. S.P. Sahu, counsel for the Objector.

Heard on IA No. 01 application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated

01.10.2021 passed by the Sessions Judge, Gariyaband, CG Sessions

Trial No. 10/2019 appellant has been convicted for the ofence

punishable under Section 307 IPC and sentenced to undergo

Rigorous Imprisonment for 7 years and fne of Rs. 2000/-, in default

of payment of fne 1 years additional RI.

Case of the prosecution in brief is that the complainant lodged

a report at police station alleging therein on 17.11.2018 at about 12

PM, he was sitting near Thakur Complex District Cooperative Central

Bank at that time, the appellant came there and abused him with

flthy language and also inlicted cut injury over his neck and also

poured petrol on him and tried to burn him.

Learned counsel for the appellant submits that if the entire

evidence is taken as it is then also he cannot be convicted for ofence

punishable under Section 307 IPC. The appellant remains for

treatments in the hospital only ½ hours and thereafter he was

discharge. There was no intention to cause injury to the victim and

therefore, under Section 307 is not made out. Looking to the nature

of injuries and the statement of the Dr. Piyush Shriwas (PW-8) the

injury is not in serious in nature to cause death. He further submits

that appellant remained in jail for about 1 year and one month. It is

further submits that the appellant and the victim/injured have been

compromised and on that efect an application of under Section 320

of Cr.PC r/w Section 482 have been fled stated therein that the

accused and victim has compromise the dispute and fne amount has

already been deposited.

On the other hand, learned State counsel and objector submits

that looking to the manner in which ofence was committed and the

injury is at vital parts, nature of injury would be determining factor

for coming to the conclusion, it is not a case made out to grant bail to

the appellant for the said commission of ofence. He further submits

that 7 years imprisonment has been awarded and only about 1 year

and 1 month has been completed therefore, appellant is not entitled

for suspension of sentence and grant of bail.

Having heard counsel for the parties, considering facts and

circumstances of the case fact that the nature of injury and period of

detention and the statement of the Dr. Piyush Shriwas (PW-8) and

appeal is likely to take sometime, I am inclined to grant of suspension

of sentence and grant of bail.

Accordingly, IA No. is allowed.

The substantive jail sentence awarded to the appellant is

suspended during the pendency of this appeal and he is directed to

release on bail on his 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 his appearance before the Registry of

this Court on 27.09.2022. 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 is given to

him by the said Court, till the disposal of this appeal.

List this case for fnal hearing.

Sd/-

(Sachin Singh Rajput) Judge

Pawan