Vinod Kumar vs State Of Chhattisgarh
2022 Latest Caselaw 6813 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                               CRA No. 975 of 2022

  Vinod Kumar, son of Bainlal Yadav, aged about 31 years, resident of Village
   Siwnikhurd, Police Chauki Tumdibod, District Rajnandgaon, Chhattisgarh.

                                                                        ---- Appellant
                                       Versus
  The State of Chhattisgarh Through the Police Station Lalbagh, District
   Rajnandgaon, Chhattisgarh.
                                                                     ---- Respondent

15.11.2022 Mr. B. D. Guru & Mr. Shaleen Singh Baghel, Advocates for the appellant.

Mr. R. M. Solapurkar, G. A. for the State/respondent. Heard on I.A. No. 01/2022, which is an application for suspension of sentence and for grant of bail to the appellant during pendency of the appeal.

By the impugned Judgment dated 27.05.2022 passed by Additional Sessions Judge, (F.T.C.), Rajnandgaon (C.G.) in Sessions Trial No.- 50/2019 and Crime No. 207/2019, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 306 of Indian Rigorous Imprisonment for 10 Penal Code years and fine of Rs. 5,000/-

in default of payment of fine amount to further undergo R. I. for 2 months.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case, as he has not committed the alleged crime. He further submits that the offence under Section 306 IPC is not made out against the appellant, because the basic ingredients of Section 306 IPC i.e 'abetment' (to commit suicide), are not attracted in the present case. Father of the deceased namely Punaram (PW-13) has stated that deceased has informed him that there is illicit relation-ship between the sister-in-law and the accused, therefore, she has committed suicide but no such material was placed on record by the prosecution that there was illicit relationship between them. He also submits that during trial, the appellant was on bail, but after conviction and sentence he is in jail till today. Lastly, he submits that the appeal is of the year 2022 and disposal of the appeal is likely to take some time. Therefore, therefore, the sentence imposed upon appellant may be suspended till disposal of the appeal.

On the other hand, learned State Counsel while opposing the submissions made by counsel for the appellant would submit that since there is sufficient material available on record to establish that the appellant instigated the deceased to commit the suicide and he mishandled her and his illicit relationship was there with his sister-in-law and there is clinching evidence of the prosecution to prove the guilt of the appellant, therefore, the bail application of the appellant deserves to be rejected.

I have heard learned counsel for the parties.

Considering the facts and circumstances of the case, from the evidence adduced by the prosecution particularly the evidence of Punaram (PW13), who has stated that the deceased informed him that whenever she used to advise her husband not to develop the relationship he mishandled her but in the cross-examination he has stated that he has never made any complaint regarding illicit relationship to the parents of the

appellant and has also not called any social meeting in the village regarding alleged illicit relationship between appellant and his sister-in-law and even in the evidence prima facie it has not been brought on record that no eyewitness of the alleged illicit relationship has been brought on record by the prosecution and considering the fact that the appeal is of the 2022 and disposal of the appeal may take considerable time, without expressing anything on merit of the case, I am inclined to allow the appellant to release him on bail accordingly, the application (IA No.1 of 2022) 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 15th December, 2022. He shall thereafter appear before Registry of this Court on a date to be given by the Registry of this Court and shall continue to appear on all such subsequent dates as are given to him by the Registry of this Court till the disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

amita