Kishore Sahu @ Raja Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1120 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                        Criminal Appeal No.430 of 2020

 •   Kishore Sahu @ Raja Sahu S/o Yashwant Sahu Aged About 21 Years R/o -
     Siltara, Bastipara, Police Station - Dharsiwa, District- Raipur Chhattisgarh
                                                                       --- Appellant

                                 Versus
 •   State Of Chhattisgarh Through The District Magistrate, Raipur, District-
     Raipur Chhattisgarh
                                                                     ---Respondent

And

Criminal Appeal No.475 of 2020

• Rajkumar Verma @ Raju S/o Late Jayram Verma Aged About 25 Years R/o Bagrekasa, District- Rajnandgaon, Chhattisgarh, At Present Resident Of Siltara, Damadpara, Police Station- Dharsinwa, District- Raipur, Chhattisgarh

--- Appellant

Versus • State Of Chhattisgarh Through The Station House Officer, Police Station-

Vidhansabha, Raipur, District- Raipur, Chhattisgarh

---Respondent

02/03/2022 Mr. Rajkumar Pali, counsel for the appellant (In Cr.A.

No.430/2020).

Mr. R.V. Ram Rajwade, counsel for the appellant (In Cr.A. No.475/2020)

Mr. Devesh Verma, G.A. for the State.

Heard on I.A. No.01/2020, an application for suspension of sentence and grant of bail to the appellant (in Cr.A. No.430/2020). At the outset, learned counsel for the appellant in Criminal Appeal No.430/2020 seeks permission of this Court to withdraw the application for suspension of sentence and grant of bail.

On request made by the learned counsel for the appellant liberty is granted to file repeat application, if and when, any occasion arises in the future.

Accordingly, this application is dismissed as withdrawn.

Also, heard on I.A. No.01, an application for suspension of sentence and grant of bail to the appellant (in Cr.A. No.475/2020).

Appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 31.01.2020, in Sessions Trial No.22/2019, passed by the Learned Eighth Additional Sessions Judge, Raipur, District- Raipur (C.G.) with a direction to run all the sentences concurrently in the following manner :-

       Conviction                                Sentence

U/s. 120(B) read with Section       For life imprisonment and fine of
302 of Indian Penal Code.           Rs.1000/- and in default of payment
                                    of fine, additional R.I. for 02 months.

U/s. 302 read with Section          For life imprisonment and fine of
120(B) of Indian Penal Code.        Rs.1000/- and in default of payment
                                    of fine, additional R.I. for 02 months.

U/s.201 of Indian Penal Code.       R.I. for 02 years and fine of Rs.1000/-
                                    and in default of payment of fine,
                                    additional R.I. for 02 months.

Learned counsel appearing for appellant would submit that this appellant has been falsely implicated and convicted in the case only on the basis of memorandum statement given by the co-accused Kishore Sahu @ Raja Sahu. There is no evidence present on the record of the case to show the participation of this appellant in the commission of offence for which, he has been convicted. The appellant is in jail since 13.10.2018. Hence, it is prayed that he may be granted bail during the pendency of this Appeal against him.

Per contra, the learned State counsel opposes the application and submissions made by the learned counsel for the appellant. It is submitted that prosecution has proved its case beyond reasonable doubt and learned trial Court has rightly convicted this appellant. Therefore, the appellant is not entitled for grant of bail.

I have heard the learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions. After perusing the documents present on record of the case, we are of the view that the application filed by the applicant Rajkumar Verma @ Raju is fit to be allowed.

Accordingly, I.A. No.01, an application for suspension of sentence and grant of bail to the appellant (in Cr.A. No.475/2020).

Execution of substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum Rs.25,000/- with one local surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 11th of May, 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.

                   Sd/-                                           Sd/-
            (R.C.S. Samant)                              (Arvind Singh Chandel)
Monika            Judge                                         Judge