Thakur Singh @ Chhotu vs The State Of Chhattisgarh
2022 Latest Caselaw 3974 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                    Criminal Appeal No. 452 of 2019
Thakur Singh @ Chhotu S/o Sewak Ram Aged About 27 Years R/o Village- Nawapara
Khurd, Tikrapara, P.S.- Darima, Disrtict- Surguja, Chhattisgarh.
                                                                    ---- Appellant
                                 Versus

The State Of Chhattisgarh Through Police Station- Darima, District- Surguja,
Chhattisgarh.
                                                                   ---Respondent

23/06/2022 Shri A.K. Prasad, Advocate for the appellant.

Shri Ravi Bhagat, Dy. G.A. for the State.

Heard on I.A. No. 3 of 2022, a repeat application for suspension of sentence and grant of bail to the appellant. The first application was dismissed as withdrawn on 12.4.2019 & the second application was again dismissed as withdrawn on 4.1.2021.

By the impugned judgment dated 8.2.2019 passed by the Learned Additional Sessions Judge (FTC), Surguja at Ambikapur, District Surguja, Chhattisgarh in Sessions Trial No. 9 of 2018, the appellant stands convicted with a direction to run all the sentences concurrently, as under:-

Conviction Sentence Under Section 450 of the : R.I. for 4 years and to pay fine of Indian Penal Code. Rs.500/-, in default of payment of fine, to further undergo SI for 1 month.

Under Section 376 of the R.I. for 7 years and to pay fine of

Indian Penal Code. Rs.500/-, in default of payment of fine, to further undergo SI for 1 month.

Under Section 307 of the R.I. for 10 years and to pay fine of Indian Penal Code. Rs.500/-, in default of payment of fine, to further undergo SI for 1 month.

Learned counsel for the appellant submits that the appellant is in jail since 4 years and 6 months and there is no likelihood of the appeal coming up for hearing in the near future. The conviction against the appellant is bad in law. The offence under Section 307 of the IPC is not at all made according to the statement of Dr. P.R. Shivhare (PW-5) and Dr. Shailendra Gupta (PW-9). Hence, it is prayed that the sentence may be suspended and he may be released on bail.

On the other hand, learned counsel for the respondent/ State opposed the bail application. It is submitted that the conviction is based upon the evidence of the prosecution beyond reasonable doubt. Hence, the application be rejected.

Perused the impugned judgment of the Court below.

Considered on the submissions and also perused the record of the trial Court. Taking into consideration the fact that the appellant is nearly undergone half the period in jail against the sentence imposed upon him and also considering the fact that there is no likelihood of the appeal coming up for hearing in the near future, therefore, I feel inclined to allow the I.A. No. 3 of 2022, an application for suspension of sentence and grant of bail. Consequently, the same 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 furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 22.8.2022 and thereafter before the concerned trial Court on a date to be fixed by the Registry and on all such subsequent dates as would be given by that Court till final disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Nimmi