Ganesh Sarthi vs State Of Chhattisgarh
2022 Latest Caselaw 6661 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                 Cr.A. No. 1686 of 2021

    Ganesh Sarthi S/o Kashiram Sarthi Aged About 32 Years R/o Village - Lodhiya, P.S.
    Baramkela, Disrtict Raigarh (Chhattisgarh), District : Raigarh (C.G.)
                                                                                ---- Appellant
                                                                                       (In Jail)
                                           Versus
    State Of Chhattisgarh Through The Station House Officer, Police Station - Sariya,
    District - Raigarh (Chhattisgarh), District : Raigarh(C.G.)
                                                                              ---Respondent

07.11.2022 Shri Vivek Bhakta, counsel for the appellant.

Shri R.C. S. Deo, P.L. for the State/respondent.

Heard on I.A.N0.02/2021, an application for suspension of sentence and grant of bail to the appellant.

The appellant has filed this appeal assailing the order of sentence dated 22/02/2019 passed in Session Trial No. 16/2021 by the Additional District & Sessions Judge, Sarangarh, District - Raigarh(C.G.) by which the appellant has been convicted under Section 307 of the IPC for 07 years Rigorous Imprisonment and fine of Rs. 2,000/- in default of payment of fine 03 month additional R.I.

Learned counsel for the appellant would submit that the appellant is in Jail from 28/10/2017 to 05/11/2018 and after the date of the conviction on 22/02/2019 till today, thus he has completed 4 Years and 09 months of imprisonment and he would further submit that the doctor has not opined that whether the injury sustained to the victim may cause death, therefore, Section 307 of the I.P.C. is not made out, therefore, the appellant may be released on bail.

On the other hand learned State counsel opposes the submission and would submit that prosecution has prove their case and learned trial court has rightly awarded the sentence to the appellant, therefore, application for suspension of sentence and grant of bail may be rejected.

I have heard counsel for the parties and perused the record.

Considering the fact from the record it is quite clear that the doctor has not given any definite opinion whether the injuries sustained to the victim is sufficient to cause death and this aspect of matter has also been observed by learned Session Judge in his judgment and also considering the fact that the sentence awarded to the appellant is R.I. for 07 years and appellant has already undergone for 04 years and 09 months also the appeal being of the year 2019, final hearing of the same will likely to take some time. I am inclined to suspend the sentence of the appellant and release him on bail.

I.A. No.02/2021 is allowed.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 04th January, 2023. 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.

List this case for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

Ashish