Chattisgarh High Court
Vinay @ Vikky vs State Of Chhattisgarh on 2 March, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CR.A. No. 938 of 2020
Jamuna Soni, W/o. Tejendra Soni, aged about 31 years, R/o. Nehru Nagar, Police
Station Kotwali, District Raipur Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh, Through : Station House Officer, Police Station - Telibandha,
District Raipur Chhattisgarh
---- Respondent
AND
CR.A. No. 560 of 2021
Vinay @ Vikky, S/o. Late Roshan Valde, aged about 20 years, R/o. Surya Nagar,
Gogaon, Police Station Gudiyari, District Raipur Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh, Through : Police Station Telibandha, District Raipur
Chhattisgarh
---- Respondent
Mr. C.R. Sahu, counsel for the appellant (in Cr.A. No. 938 of
02/03/2022
2020).
Mr. Praveen Dhurandhar, counsel for the appellant (in Cr.A.
No. 560 of 2021).
Mrs. Madhunisha Singh, Dy.A.G. for the State.
Heard on applications under Section 389 of Cr.P.C. for
suspension of sentence and grant of bail.
Appellants have been convicted by the judgment of
conviction and order of sentence dated 20.10.2020, passed in S.T.
No.06/2019, by the learned 8th Additional Sessions Judge, Raipur,
District- Raipur (C.G.) in the following manner with a direction to
run both the sentences concurrently :-
U/s. 120 (B) read with : Life imprisonment and fine of
Section 302 of the I.P.C. Rs.100/- and in default of
payment of fine, further undergo
one month rigorous
imprisonment more.
U/s. 302 read with Section : Life imprisonment and fine of
34 of the I.P.C. Rs.100/- and in default of
payment of fine, further undergo
one month rigorous
imprisonment more.
It is submitted by the learned counsels for the appellants in
both the cases that the conviction of the appellants is not based on
any evidence of prosecution beyond reasonable doubt. There are
no eye-witnesses and the witness Naeem Khan (P.W.-8), the
witness of last seen together has clearly stated that in his presence,
the deceased fled from the place of incident leaving the company of
the appellant Jamuna Soni, therefore, the last seen theory is falsified.
The recovery of the knife is not connecting evidence as the FSL
report does not show about the presence of human blood or the
blood of the deceased on that knife, hence, the conviction against
both the appellants is erroneous. It is prayed that the sentence
awarded to the appellants may be suspended and they may be
enlarged on bail.
Per contra, the learned State counsel opposes the prayer for
suspension of sentence and grant of bail. It is submitted that the
prosecution has proved its case beyond reasonable doubt. Last
seen theory has been proved by the witness Naeem Khan (P.W.-8).
According to the statement of Durga Nayak (P.W.-6), there had
been motive present with the appellant Jamuna Soni for causing
death of the deceased and also recovery of knife from the appellant
- Vinay @ Vikky is connected on the basis of FSL report (Ex.P-28),
which mentions about the presence of blood in the knife. Hence,
the appellants are not entitled for grant of bail.
We have heard the learned counsel for the parties and
perused the records of the trial Court.
Considered on the submissions and perused the evidence
present in the record of the case. Considering the same and further
taking into consideration the fact that the appellants are in jail since
about 4 years, we are of this opinion that it is a fit case to suspend
the sentence and release the appellants on bail.
Accordingly, applications for suspension of sentence and
grant of bail in both the appeals, are allowed.
Execution of substantive jail sentence imposed on appellants
shall remain suspended and they are directed to be released on
bail on their executing a personal bond for a sum Rs.25,000/- with
one surety each for the like sum to the satisfaction of the trial Court
for their appearance before the Registry of this Court on 10th May,
2022. They 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 them by
the said Court, till the disposal of this appeal.
Certified copy as per rules.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
balram
