Shukhram Paikra vs The State Of Chhattisgarh
2022 Latest Caselaw 5635 Chatt

                                                                              NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                              CRA No. 1375 of 2018

  • Shukhram Paikra S/o Panchan Ram Paikra Aged About 32 Years R/o Village
    Chainpur Thana Kusmi District Balrampur Ramanujganj Chhattisgarh.

                                                                  ---- Appellant

                                     Versus

  • The State of Chhattisgarh Through Kusmi District Balrampur Ramanujganj
    Chhattisgarh.

                                                                ---- Respondent

08.09.2022 Mr. Avinash Mishra and Mr. R. V. Ram Rajwade, counsel for the Appellant.

Mr. Shrestha Gupta, P.L. for the State.

Heard on I.A. No. 02/2020 which is an application for suspension of sentence and grant of bail.

By the impugned judgment dated 10.07.2018 passed by learned Additional Sessions Judge, Ramanujganj, District Balrampur- Ramanujganj (C.G.) in Sessions Case No. 33/2017 whereby the learned Judge convicted the appellant as under:

                  Conviction                       Sentence

             U/s 323 of IPC         S.I. for 6 months and fine of Rs. 200/-
                                    with default stipulation.

             U/s 363 of IPC         R.I. for 7 years and fine of Rs. 200/-
                                    with default stipulation.

             U/s 366 of IPC         R.I. for 7 years and fine of Rs. 200/-
                                    with default stipulation.

             U/s 376(2)(n)          R.I. for 10 years and fine of Rs. 200/-
                         with default stipulation.

Learned counsel for the appellant would submit that no independent witness was produced by the prosecution to prove involvement of accuse in offence. Jagdev (PW-4), from where the victim was recovered during investigation, has also not supported the prosecution case. Further submission of the appellant is that as the appellant has undergone more than 5 years of jail sentence, at this stage, he may be granted bail by suspending his jail sentence.

On the other hand, State counsel opposes the bail application.

I have heard learned counsel for both the parties.

Considering the facts and circumstances of the case, nature and quality of the evidence available on record, detention period the appellant and further considering the sentence imposed upon him by the Court below, without further commenting on merits of the case, I am inclined to release the applicant on bail.

Accordingly, I.A. No. 02/2020, application for suspension of sentence and grant of bail is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 18th October 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, shall continue to appear all subsequent dates given to him by the trial Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

V/-