Maniram vs State Of Chhattisgarh
2022 Latest Caselaw 1162 Chatt

                                          1

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                            CR.A. No. 1349 of 2017
Maniram, S/o. Purnuram Uraon, aged about 31 years, R/o. Ward No. 3, Gharghoda,
Uraonpara, Police Station Gharghoda, District Raigarh, Chhattisgarh.
                                                                              ---- Appellant
                                      Versus
State of Chhattisgarh, Through : Station House Officer, Police Station Gharghoda,
District Raigarh, Chhattisgarh.
                                                                       ---- Respondent

Mr. Ashish Gupta, counsel for the appellant.

04/03/2022 Mr. Himanshu Sharma, P.L. for the State.

Heard on I.A. No.2/2019, application under Section 389 of

Cr.P.C. for suspension of sentence and grant of bail.

Appellant has been convicted by the judgment of conviction

and order of sentence dated 27.07.2017, passed in S.T.

No.109/2016, by the learned Sessions Judge, Raigarh, District-

Raigarh (C.G.) in the following manner :-

             U/s. 302 of the I.P.C.             : Life imprisonment and fine of
                                                    Rs.1000/-    and     in     default   of
                                                    payment of fine, further undergo
                                                    two         months            rigorous
                                                    imprisonment more.

It is submitted by the learned counsel for the appellant that

the conviction against the appellant is erroneous and

unsustainable. The eye-witnesses of this case namely Purnu Ram

Uraon (P.W.-1), Nirmala Uraon (P.W.-2), Ashok Uraon (P.W.-3) and

Laxmiprasad (P.W.-8) have turned hostile and have not supported

the prosecution case. The conviction against the appellant is based

only on the basis of the evidence of seizure of knife and the FSL

report, which by itself not conclusive against the appellant.

Therefore, the appellant is entitled for grant of bail during the

pendency of this appeal. It is prayed that this application be

allowed.

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. It is

submitted that in the cross-examination Purnu Ram Uraon (P.W.-1),

there is admission, which shows the presence of appellant in the

house, where the deceased was found injured, who later on died.

The incriminating evidence against the appellant is recovery of knife

at his instance and also the presence of human blood on the knife

according to the FSL report. Therefore, the conviction against the

appellant is sustainable. It is prayed that the application for

suspension of sentence and grant of bail be rejected.

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. Taking into consideration the

evidence present in the record of the trial Court, we are of this

opinion that it is a fit case to suspend the sentence and release the

appellant on bail.

Accordingly, I.A. No.2/2019 application for suspension of

sentence and grant of bail is allowed.

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

surety for the like sum to the satisfaction of the trial Court for his

appearance before the Registry of this Court on 20th June, 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)
                    Judge                                   Judge




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