Sanjay Sen vs State Of Chhattisgarh
2022 Latest Caselaw 6057 Chatt

                                                1

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet,
                                      CRA No. 883 of 2021
   Sanjay Sen S/o Late Prabhu Sen Aged About 25 Years R/o New Krishnanagar Ward 04,
   Supela District Durg Chhattisgarh.,

                                                                                    ---- Appellant

                                             Versus

  State Of Chhattisgarh Through Police Station Supela, District Durg Chhattisgarh.,

                                                                                 ---- Respondent

28.09.2022 Shri Rudhranath Mukherjee, counsel for the appellant.

Shri Chandrabhan Singh Dev, P.L. for the State/respondent.

Heard on I.A.No. 01/2021, an application seeking suspension of sentence

and grant of bail.

By virtue of impugned judgment of conviction and order of sentence

dated 01.03.2021 passed by the learned 4 th Additional Sessions Judge, Durg

(C.G.) in Sessions Trial No.59/2019, the appellant stands convicted and

sentenced in the following manner :-

                          Conviction                                  Sentence
               Under Section 304 Part-II IPC           R.I. for ten years and fine of Rs.500/-
                                                       and in default of payment of fine, further
                                                       R.I. for three months
                    Under Section 324 IPC              R.I. for one year and fine of Rs.500/-
                                                       and in default of payment of fine, further
                                                       R.I. for three months

Both the sentences are directed to run concurrently.

Learned counsel appearing for the appellant submits that the learned

Court below, without appreciating the evidence led by the prosecution in its

proper manner, has committed an illegality in convicting the appellant in relation

to the alleged offences. While inviting attention to the statement of wife of the

deceased, namely, Aarti Sen (P.W.5), he submits that the appellant was in acute

drunken condition and was not in a position even to stand properly, and

therefore, it cannot be said that he was the author of the alleged crime,

however, while ignoring the said material piece of evidence, the Court below has

erred in convicting the appellant as such. It is contended further that the

appellant is in jail since 09.12.2018 and has thus served more than three years

and 9 months out of maximum jail sentence awarded to him, and therefore, if

the remaining jail sentence is also allowed to run during the pendency of this

appeal, the very purpose of filing this appeal would become infructuous as the

appeal is likely to take some time for its disposal and, therefore, he may be

released on bail during the pendency of this appeal.

On the other hand, learned counsel appearing for the respondent/State,

while referring to the statements of Jamuna (P.W.2), Goverdhan (P.W.4) and

Aarti Sen (P.W.5), submits that they are the eye-witnesses with regard to the

occurrence of the alleged incident, and the trial Court, after due appreciation of

their statements, has rightly convicted the appellant in relation to the alleged

offence. The appellant is, therefore, not entitled to be released on bail, pending

decision of this appeal..

I have heard learned counsel appearing for the parties and perused the

entire record carefully.

Having considered the facts and circumstances of the case, considering

further that the appellant is in jail since 09.12.2018, as such, he has served

more than three years and nine months out of ten years maximum jail sentence

awarded to him and that by considering further that hearing of this appeal will

take some more time, I am, therefore, inclined to allow this application.

Accordingly, I.A.No.01/2021 is allowed and it is directed that the

substantive jail sentence imposed upon the appellant shall remain suspended

during pendency of this appeal and he shall be released on bail on his

furnishing a personal bond in sum of Rs.25,000/- along with one surety in the

like sum to the satisfaction of the concerned trial Court for his appearance

before the Registry of this Court on 22.11.2022. 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 on all such subsequent dates as are given to him by

the said Court, till disposal of this appeal.

In view of above, I.A.No.01/2021 stands disposed of.

List the matter for final hearing in its due course.

Certified copy as per rules.

Sd/-

(Sanjay S. Agrawal) Judge

Anjani