Jayshri Painkra vs State Of Chhattisgarh
2022 Latest Caselaw 4586 Chatt

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                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                  CRA No. 1606 of 2021
  Jayshri Painkra S/o Gayaji Painkra Aged About 27 Years R/o Bataikela, Police Station -
   Kansabel, District - Jashpur (C.G.)
                                                                              ---- Appellant
                                           Versus
  State Of Chhattisgarh Through The Station House Officer, Police Station - Baghabar,
   District - Jashpur (C.G.)
                                                                            --- Respondent

19.07.2022 Mr. Jitendra Kumar Saxena, Counsel for the appellant.

Ms. Pushplata Khalko, 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.

By the impugned judgment of conviction and order of sentence dated

29.11.2021 passed by the learned Additional Sessions Judge, Patthalgaon,

District Jashpur, (C.G.) in Sessions Trial No. 13/2019, the appellant has

been convicted for the offence punishable under Section 304 part- 2 of the

IPC and sentenced to undergo R.I. for 5 years and pay fine of Rs.1,000/- in

default to further undergo 06 months additional R.I.

Learned counsel for the appellant submits that appellant has falsely

been implicated in this case and he has not committed any offence, he

further submits that the trial Court has gravely erred in convicting the

appellant only on the basis of testimony of interest witnesses, without there

being any clinching or cogent evidence and material witnesses have not

supported the case of prosecution and they turned hostile.

State counsel opposes the application for suspension of sentence

and grant of bail.

I have heard learned counsel for the parties, looking to the nature of

allegations and detention period, I am inclined to allow this application.

Accordingly, I.A.No.1/2021e 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 27th September, 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 the disposal of

this appeal.

Certified copy as per rules.

List this case for final hearing.

Sd/-

(Sachin Singh Rajput) Judge

parul