Chattisgarh High Court
Sunil Kumar Sharma vs State Of Chhattisgarh on 4 May, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 5 of 2022
• Sunil Kumar Sharma S/o Rameswar Prasad Sharma Aged About 38 Years
Occupation Kirana Shop, R/o Village- Sothi, Parsapali P.S.- Sipat, District-
Bilaspur (C.G.)
---- Appellant
Versus
• State Of Chhattisgarh P.S. Sipat, District- Bilaspur (C.G.)
---- Respondent
04/05/2022 Division Bench
Hon'ble Shri Justice Sanjay K.Agrawal &
Hon'ble Smt. Justice Rajani Dubey
Shri A.K.Samantray, counsel for the appellant.
Shri D.C.Verma, GA for the State/respondent.
None present on behalf of the complainant
though notice has been served.
Heard on I.A. No. 01, which is an application
filed for suspension of sentence and grant of bail to
the appellant against the impugned judgment of
conviction and order of sentence dated 14.12.2021
passed by the Special Judge, SC/ST (Prevention of
Atrocities) Act, Bilaspur in Special Criminal Case No.
31/2019 whereby the appellant has been convicted under
Sections 302 IPC and Section 3(2)(v) of the SC/ST
(Prevention of Atrocities) Act and sentenced to undergo
imprisonment for life and to pay fine of Rs. 1,000/- on
each count with default stipulations.
Learned counsel for the appellant submits that
present is a case of single assault by the appellant with
hand on the deceased and the medical report also does
not prove that it is a case of homicidal death therefore at
the most, the appellant is liable to be convicted under
Section 323 and not under 302 IPC. He submits that the
appellant has prima facie a very good case in his favour.
He further submits that the appellant is in jail since
19.10.2019 and the appeal is likely to take some time for
its final disposal and therefore, the substantive jail
sentence imposed upon the appellant may be
suspended and he may be released on bail. Lastly,
he has placed his reliance in the matter of The Public
Prosecutro (AP) Vs. Nalam Suryanarayan Murthy
reported in Cr.A. No. 203 of 1971 and in the matter of
Laxmi Barayan Vs. State Govt. of NCT of Delhi
reported in 2013 SCC Online Del 2450.
On the other hand, learned counsel for the State
opposes the application.
Heard counsel for the parties and perused the
material available on record.
Looking to the facts and circumstances of the case
in particular the statement of the daughter of the
deceased (PW-1) and the doctor Dr. R.S.Marawi (PW-
11), who conducted the postmortem examination on the
body of the deceased, it is clear that the appellant has
entered the house of the deceased without carrying any
arm or weapon and has assaulted with hand however,
she fell down and sustained injury on the head and as per
the opinion of the doctor, the death was caused due to
cardio respiratory failure on account of head injury, we
are inclined to suspend the substantive jail since imposed
on the appellant. Accordingly, the application I.A. No.01,
is allowed.
Execution of further 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 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 4th July 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/-
(Sanjay K.Agrawal) (Rajani Dubey)
Judge Judge
suguna
