Manoj @ Madud vs State Of Chhattisgarh
2022 Latest Caselaw 3305 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRA No. 1327 of 2017
  Manoj @ Madud S/o Motilal, Aged About 37 Years R/o Village Lau, Karsupara,
  Police Station Rajpur, District Balrampur, Ramanujganj, Chhattisgarh. ---- Appellant
                                     Versus
  State Of Chhattisgarh Through Station House Officer, Police Station Rajpur, District
  Balrampur, Ramanujganj, Chhattisgarh                              ----Respondent

06/05/2022 Shri K.K. Khatri appears along with Shri A. K. Yadav, counsel for the Appellant.

Smt. Madhunisha Singh, Dy. A.G. for the State/Respondent. Heard on I.A. No.3/2020, which is the repeat bail application under Section 389 of Criminal Procedure Code for suspension of sentence and grant of bail.

Learned counsel for the Appellant submits that this is the second bail application and the earlier bail application was rejected on 04.01.2018, as the same was withdrawn with liberty to revive the same after 2 years.

By virtue of the impugned judgment and conviction dated 03.06.2017 passed by the learned Second Additional Judge Ramanujganj to the Court of Additional Sessions Judge Ramanujganj, District Surguja in Sessions Trial No. 08 of 2016, the appellant has been convicted for the offence punishable under Section 302 of I.P.C. and has been awarded life imprisonment with fine of Rs. 20,000/- and in default of payment of fine amount, he has to undergo 1 year additional R.I.

Learned counsel for the appellant submits that all the prosecution witnesses have turned hostile and the conviction of the appellant is based only on the basis of the statement of investigation officer, who was examined as PW-12. It is contended further that the appellant is in jail since 10.12.2015, and the appeal is likely to take some time for its disposal, therefore, the appellant may be enlarged on bail.

On the other hand, learned counsel for the State/Respondent has opposed the said application.

Considering the totality of the facts and circumstances of the case, particularly, when all the prosecution witnesses have turned hostile, without further commenting on merits, we are of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the application is allowed and it is directed that the substantive jail sentence imposed upon the Appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond of Rs.50,000/- along with one surety of like sum to the satisfaction of the concerned trial Court. The appellant need not give appearance anywhere until and unless otherwise directed.

List the matter for final hearing in its due course.

                    Sd/-                                    Sd/-
              (Sanjay S. Agrawal)                    (Arvind Singh Chandel)
                   Judge                                    Judge




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