Chattisgarh High Court
Deepak Kumar Rathore vs State Of Chhattisgarh on 7 November, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No.1530 of 2022
1. Deepak Kumar Rathore S/o Shri Durgaprasad Rathore, Aged About 23
Years
2. Ishwari Bai Rathore W/o Shri Durgaprasad Rathore, Aged About 45
Years
3. Manharan Lal Rathore S/o Maniram Rathore, Aged About 64 Years
(All are r/o Village- Gatoura, Police Station- Masturi, District- Bilaspur,
Chhattisgarh)
--- Appellants
Versus
• State Of Chhattisgarh Through : Police Station- Masturi, District-
Bilaspur, Chhattisgarh
---Respondent
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey
07/11/2022 Mr. Rajeev Kumar Dubey, counsel for the appellants.
Mr. Ashish Tiwari, Govt. Advocate for the State/respondent.
Heard on I.A. No.01/2022, an application for suspension of
sentence and grant of bail to the appellants.
Appellants have been convicted and sentenced by the
judgment of conviction and order of sentence dated 22.09.2022, in
Sessions Trial No.48/2021, passed by the learned Fifth Additional
Sessions Judge, Bilaspur, District- Bilaspur (C.G.) in the following
manner :-
Conviction Sentence
U/s. 302/34 of Indian Penal R.I. for life and fine amount of
Code. Rs.1000/-, in default of payment of
fine amount, further R.I. for 100 days.
U/s. 304-B /34 of Indian R.I. for 07 years and fine amount of
Penal Code. Rs.100/-, in default of payment of fine
amount, further R.I. for 10 days.
Mr. Rajeev Kumar Dubey, learned counsel appearing for
appellants, submits that there are no evidence against the
appellants except the statement of the Basant Rathore (P.W.-1),
father of the deceased and Smt. Nirmala Devi Rathore (P.W.-2),
mother of the deceased and Kamlesh Singh Rathore (P.W.-8),
brother of the deceased. Appellants are in jail since 28.10.2020. It
is also submitted that final disposal of the appeal is likely to take
time and, therefore, application may be allowed and appellants
may be enlarged on bail.
Further, learned counsel for the appellants relies upon the
judgment delivered by Hon'ble Supreme Court in the case of
Nagendra Sah Vs. The State Of Bihar reported in
(2021) 10 SCC 725.
Per contra, Mr. Ashish Tiwari, Govt. Advocate for the State,
opposes the prayer made by learned counsel for the appellants.
We have heard the learned counsel for the parties,
considered their rival submissions and also perused the record
with utmost circumspection.
Taking into consideration the facts and circumstances of the
case, nature and gravity of offence and considering the material
present in the record against the appellant No.1- Deepak Kumar
Rathore, we are not inclined to grant bail to the appellant No.1.
Accordingly, the prayer made in the application (I.A. No.01/2022)
by the appellant No.1 is rejected.
Further, taking into consideration, the evidence available on
record against the appellant No.2, mother-in-law of the deceased
and appellant No.3, maternal grand-father of the deceased and
considering the age of the appellants No.2 and 3, we are inclined
to grant bail to the appellants No.2 and 3. i.e. Ishwari Bai Rathore
and Manharan Lal Rathore. Accordingly, prayer made in the
application (I.A. No.01/2022) by appellant No.2 and 3 is allowed.
The substantive jail sentence imposed on appellants No.2
and 3- Ishwari Bai Rathore and Manharan Lal Rathore shall
remain suspended and they are directed to be released on bail on
their executing a personal bond for a sum Rs.25,000/- each with
one surety each in the like sum to the satisfaction of the concerned
trial Court for their appearance before the Registry of this Court on
19 th January, 2023. They 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 them by the said Court, till the disposal of this appeal.
Certified copy as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rakesh Mohan Pandey)
Judge Judge
Monika
