Chattisgarh High Court
Jeetu @ Jeet Lahre vs State Of Chhattisgarh on 15 February, 2023
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No.1062 of 2022
• Jeetu @ Jeet Lahre, S/o Late Santu Ram Lahre, Aged About 22 Years, R/o Jay Jawan
Chowk, Ravi Gram, Police Station Telibandha, District Raipur, Chhattisgarh.
---- Appellant
Versus
• State Of Chhattisgarh, Through Station House Officer, Police Station Telibandha, Raipur,
District Raipur, Chhattisgarh.
---- Respondent
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Radhakishan Agrawal
15.02.2023 Mr. C.R. Sahu and Mr. Bharat Lal Demra, counsel for the Appellant.
Mr. Animesh Tiwari Dy. A.G. and Mr. Avinash Singh, P.L. for the
State.
Heard on IA No. 1/2022, an application for suspension of sentence
and grant of bail to the appellant.
By impugned judgment of conviction and order of sentence dated
09.06.2022 passed by learned Ekadash Additional Sessions Judge
Raipur, District Raipur (C.G.) in Session Trial No.94/2020, whereby the
appellant has been convicted and sentenced in the following manner :-
S. No. Conviction Sentence
1. U/s. 302 of I.P.C. U/s. Life imprisonment & payment of
fine amount of Rs.1,000/- in default
of fine amount R.I. for 1 years.
2. U/s. 201/302 of I.P.C. Rigorous imprisonment for 2 years
& payment of fine amount of
Rs.1,000/- in default of fine amount
R.I. for 6 months.
Learned counsel for the appellant submits that evidence of last
seen together i.e. PW-6 (Hemant Ben) is not reliable as the allegation is
that appellant has assassinated the unknown person and in the recovered
articles shirt and pant, blood stains were found, but no human blood was
found vide FSL report (Ex.P-36). Therefore, in the light of decision
rendered by the Hon'ble Supreme Court in the matter of Balwan Singh
Versus State of Chhattisgarh reported in (2019) 7 SCC 781, the
recovery is of no use and there is no such evidence found against the
appellant, therefore he may be released on bail.
Per contra, learned State counsel opposes the application for
suspension of sentence and grant of bail and submits that trial court has
enumerated the appearing circumstances in para 40 of the impugned
judgment. In light of those findings, the appellant is not entitled to be
released on bail.
We have heard learned counsel for the parties and perused the
record.
Taking into consideration the statement of PW-6 (Hemant Ben), as
he did not know the deceased/unidentified person and in the seized
articles i.e. shirt and pant, blood stains have been found, but no human
blood was found. In the light of decision rendered by the Hon'ble Supreme
Court in the matter of Balwan Singh (supra) and the appellant is in jail
since 09.12.2019 and for the fact that during trial, bail was granted to
appellant by this Court in MCRC No.6574 of 2021 vide order dated
23.09.2021 and he did not misuse the liberty granted by this Court, we
find it to be a fit case for suspension of sentence and grant of bail to the
appellant.
Accordingly, I.A. No.01/2021, application for suspension of
sentence and grant of bail to the appellant, is allowed.
It is directed that the 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 one surety in like sum to the satisfaction of the trial Court
for his appearance before the Registry of this Court on 11.04.2023. 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 there on all such
subsequent dates as are given to him by the said Court, till disposal of
this appeal.
Certified copy as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Radhakishan Agrawal)
Judge Judge
Deepti Jha
