Sonlal Turi @ Bhagwan Puriha vs State Of Chhattisgarh
2022 Latest Caselaw 7137 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                 CRA No. 426 of 2022

  Sonlal Turi @ Bhagwan Puriha S/o Chaitram Turi, aged about 34 years, R/o Village
   Bhagwanpur, P.S. Dongadkel, P.S. Bhupdevpur, District- Raigarh (C.G.).
                                                                            ---- Appellant
                                         Versus
  The State of Chhattisgarh Through: P.S.- Bhupdevpur, District- Raigarh (C.G.).
                                                                         ---- Respondent

29.11.2022 Mr. Hanuman Prasad Agrawal, counsel for the appellant.

Mr. Ishwari Ghritlahre, P. L. for the State/respondent. Heard.

Admit.

Heard on application (I.A. No. 01 of 2022) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 04.02.2022, passed by 1 st Additional Sessions Judge, Raigarh (C.G.) in Special Sessions Trial No.-21/2019, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 307 of Indian Rigorous Imprisonment for 5 Penal Code years and fine of Rs. 500/- in default of payment of fine amount to further undergo 6 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 two doctors have medically examined the victim, one doctor namely-Dr. Anil Kumar Kushwaha (PW11) has given opinion that injury sustained

by the victim is simple in nature and other doctor namely- Dr. Jyoti Ekka (PW13) has given opinion that if the victim had not been treated then on account of infection & excess bleeding the victim might have died. He lastly submits that that appellant is remained in jail from 20.02.2019 to 10.04.2019 and from 18.08.2019 to 21.05.2021 thereafter, 19.10.2021 till today has completed more than 50% of imprisonment out of the total imprisonment i.e. 5 years and the appeal is of the 2022 year and disposal of the appeal is likely to take some time. Therefore, it is prayed that the appellant may be released on bail.

On the other hand, learned State Counsel opposes submissions of the counsel for the appellant and would submit that the injuries caused to the victim is grievous in nature 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, it is quite vivid that appellant has completed more than 3 years of imprisonment out of the total imprisonment i.e. 5 years and disposal of the appeal may take some 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 16th of January, 2023. 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