Bodu @ Dayanand Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1590 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                            CRA No. 115 of 2017

              1. Bodu @ Dayanand Sahu S/o Late Ballu Sahu Aged About 23 Years R/o Fulwari
                 Chowk, Rawanbhata, Police Station Khamtarai, District- Raipur, Chhattisgarh.,
                 Chhattisgarh

                                                                                        ---- Appellant

                                                    Versus

              1. State Of Chhattisgarh Through Police Station Khamtarai, District- Raipur,
                 Chhattisgarh., Chhattisgarh

                                                                                     ---- Respondent

25/03/2022 Mr. Sanjay Agrawal, Advocate for the appellant.

Mr. Rahul Jha, Govt. Advocate for the State.

Heard on IA No.3, repeat application for suspension of sentence and grant of bail to the appellant.

Earlier application filed was dismissed as withdrawn by this Court on 5.5.2017 and liberty was granted to the appellant to file repeat application after completion of two years in jail

By the impugned judgment dated 30.09.2016 passed by the Learned First Additional Sessions Judge, Raipur, District-Durg(C.G.) in Session Trial No.- 234/2014, the Appellant stands convicted as under:-

Conviction Sentence

U/s 302 of IPC. : Life imprisonment & fine amount of Rs.500/- and in default of payment of fine further 2 months additional rigorous imprisonment.

It is submitted by the counsel for the appellant that the appellant is in jail since about 8 years. The conviction against him under Section 302 of IPC is not at all made out. It was a case of single injury, which is reflected from the admission document of the hospital which were not exhibited in the trial. Further, there was no motive and no enmity present between the appellant and the deceased and the incident has taken place all of sudden, hence, the offence committed by the appellant may amount to culpable homicidal not amounting to murder. The appellant has a good case to argue in this appeal. T here is no likelihood of this appeal to come up for final hearing in near future, therefore, hence, it is prayed that he may be released on bail during the pendency of trial.

On the other hand, Learned counsel for the State has opposed the bail application and submits that prosecution has proved its case beyond reasonable doubt, therefore, the application be rejected.

We have heard both the parties and perused the record of the trial Court.

After considering on the submissions and perusing the evidence present on the record of the case, looking to the length of detention of the appellant and that there is no likelihood of this appeal to come up for final hearing in near future, hence, we are of this view that it will be proper to release the appellant on bail during the pendency of this appeal.

Accordingly, the bail application is allowed.

Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on him executing a personal bond for a sum of 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 20/07/2022. 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.

                         Sd/-                                               Sd/-

                 (R.C.S. Samant)                                   (Arvind Singh Chandel)
                       Judge                                                Judge




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