Ranu Markandey vs State Of Chhattisgarh
2022 Latest Caselaw 6899 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                 CRA No. 357 of 2021

Ranu Markandey, W/o. Late Shailendra Markandey, Aged About 24 Years, R/o.
Village Pachari, Police Station Patewa, District Mahasamund Chhattisgarh.

                                                                          ---- Appellant
                                       Versus
State Of Chhattisgarh, Through District Magistrate Gariyaband, District Gariyaband
Chhattisgarh

                                                                        ---- Respondent

17.11.2022 Mr. Awadh Tripathi, Advocate for the Appellant.

Mr. Anmol Sharma, Panel Lawyer for the State.

Heard on I.A.No.1, application for suspension of sentence and

grant of bail.

The appellant stands convicted by the judgment dated

18.02.2021 passed by the learned Court below in S.T. No.53/2018 and

sentenced to life imprisonment and fine of Rs.1000/- with usual default

stipulation.

Learned counsel for the appellant submits that the appellant has

been falsely implicated as she has not committed any offence and

there is no material evidence against her. He further submits that the

appellant has been convicted by recording perverse finding and only

mobile has been seized from her; therefore, the appellant herein

deserves for suspension of sentence and grant of bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail. He submits that the prosecution has been able to prove the offence beyond reasonable

doubt and conviction is based on the circumstantial evidence.

Taking into consideration the material available on record, further

considering the fact that only mobile has been seized from the custody

of the appellant and only allegation is that she had illicit relationship

with the co-accused Yadram Banjare and further taking into account

that appellant is on bail during trial and she never misused the liberty,

we inclined to suspend the sentence and grant bail to the appellant.

Accordingly, I.A.No.1 is allowed.

Execution of further substantive jail sentence imposed upon

appellant shall remain suspended and she is directed to be released on

bail on her executing a personal bond for a sum Rs.25,000/- with one

surety for the like sum to the satisfaction of the Trial Court for her

appearance before the Registry of this Court on 10 th January, 2023.

She 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 her by the said Court, till the

disposal of this appeal.

                    Sd/-                                     Sd/-
              (Sanjay K. Agrawal)                    (Rakesh Mohan Pandey)
                   Judge                                    Judge



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