Pramod Kumar Rathiya vs State Of Chhattisgarh
2022 Latest Caselaw 6066 Chatt

                                                        1

                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                                  Order Sheet

                                            Cr.A. No. 1344 of 2021
              Pramod Kumar Rathiya S/o Rajaram Rathiya Aged About 21 Years R/o Village Bichpara
               Bhelwatar, Police Station - Kartala, At Present R/o Patelpara Rajgamar Basti, Police
               Chowki Rajgamar, District - Korba (C.G.)                              ---- Appellant

                                                    Versus

              State Of Chhattisgarh Through Police Station Balco Nagar, Korba, District - Korba (C.G.)

                                                                                          ---- Respondent

28.09.2022 Smt. Pushpa Dwivedi, counsel for the Appellant.

Ms. Akshra Amit, Panel Lawyer for the State/Respondent.

Heard on I.A. No.02/2021, an application filed under Section 389 of Cr.P.C., 1973

seeking suspension of sentence and grant of bail.

By virtue of the impugned judgment of conviction and order of sentence dated

10.04.2019 passed by the learned Sessions Judge, Korba, District Korba (C.G.) in Session

Trial No.72/2018 (Crime No.155/2018), the Appellant stands convicted and sentenced as

under:-

                         Conviction                                Sentence
                       U/s 307 of IPC       R.I. for 10 year and fine of Rs.1,000/- and in default of
                                            payment of fine additional S.I. for 3 months.

Learned counsel appearing for the Appellant, while referring to the statement of

Doctor Divik Hareeshchandra Mittal (PW-8) and the report (Ex.P.-20) submitted by him,

submits that though the injuries are grievous in nature as opined by him but since the said

injury was not endangering to the life of the injured Somdev Rathiya as per the provision

prescribed under Eighthly to Section 320 of IPC and as the Appellant is in jail since

07.04.2018, therefore, if the remaining jail sentence is allowed to run, the very purpose of

filing this appeal would become infructuous. It is, therefore, submitted by her that the

Appellant be released on bail, pending decision of this appeal.

On the other hand, learned counsel appearing for the Respondent/State, while

opposing the said application, submits that since the injuries were found to be grievous in

nature as per the opinion given by the said doctor, and therefore, the Court below after due

consideration of the evidence, has rightly held the Appellant guilty in connection with the

alleged offence. The said application, therefore, deserves to be rejected.

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 07.04.2018 and thus he has served more than four years five

months out of ten years maximum jail sentence awarded to him and that by considering

further that the hearing of this appeal will take sometime, I am, therefore, inclined to allow

the said application.

Accordingly, I.A. No.02/2021 is allowed and 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 of Rs.25,000/-

along with one surety of like sum to the satisfaction of the concerned trial Court for his

appearance before the Registry of this Court on 22 nd November, 2022. He shall thereafter

continue to appear before the concerned trial Court on such further dates to be given to him

by the Registry of this Court and shall continue to appear on such subsequent dates as are

given to him by the said Court, till the final disposal of this appeal.

I.A. No.02/2021 stands disposed of.

Let the matter be listed for final hearing in its turn. Sd/-

(Sanjay S. Agrawal) Judge Nikita