Rakesh Banjare vs State Of Chhattisgarh
2023 Latest Caselaw 1121 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRA No. 1439 of 2022

    Rakesh Banjare S/o Mansharam Banjare Aged About 32 Years Resident Of
    Bijradih, Chowki- Gidhpuri, Police Station Palari, District Balodabazar-Bhatapara
    Chhattisgarh.

                                                                           ---- Appellant

                                        Versus

    State Of Chhattisgarh Through The Station House Officer, Police Station - Palari,
    District - Balodabazar-Bhatapara Chhattisgarh.

                                                                        ---- Respondent

22.02.2023 Mr. Satya Prakash Verma, counsel for the appellant.

Mr. B. L. Sahu, Panel Lawyer for the State.

Heard on I.A. No.1, which is an application for suspension of

sentence and for grant of bail.

Counsel for the appellant submits that appellant was on bail

during trial and that now he is in jail from the date date of impugned

judgment i.e. 07.09.2022 and as such he has remained in custody for

a period of around 5 months. He further submits that from the

admitted factual matrix itself, it would clearly reflect that all the

necessary ingredients for making out a case for offence under Section

306 IPC has not been established by the prosecution. He further

submits that there is a considerable delay in lodging of FIR itself and

no plausible explanation for delay in lodging of FIR has been adduced

by the prosecution. Thus, the present appellant deserves to be

released on bail.

State counsel on the other hand opposes the bail application

on the ground that it is a case where the conviction is for a period of

10 years and that therefore in the given circumstances the appellant

does not deserve bail.

Having heard the entire submissions put forth on either side

and on perusal of records, admittedly the appellant was on bail during

trial. There is also no dispute of the fact that FIR was lodged after

around three months from the date of incident. It is also a case where

from the date of incident till the date the deceased died, no formal

statement was recorded that of the deceased by any of the authorities

or by the treating doctor.Considering all these facts, this Court is of the

opinion that a strong case for allowing the application I.A. No.1 has

been made out.

Accordingly I.A. No.1 stands allowed.

Accordingly, it is directed that the further 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 in the sum of Rs.25,000/- with two sureties each in like

sum to the satisfaction of the concerned trial Court. The appellant is

directed to appear before the trial Court on 28.04.2023 or each and

every date given to him by the trial Court till disposal of the appeal.

Sd/-

                                                          (P. Sam Koshy)
Rohit                                                         JUDGE