Babulal Binjhwar vs State Of Chhattisgarh
2023 Latest Caselaw 61 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                            CRA No. 1519 of 2022

 Babulal Binjhwar S/o Sukdev Binjhwar Aged About 34 Years R/o Village Vanlohjhar,
  Police Station Fingeshwar, District : Gariyabandh, Chhattisgarh
                                                                      ---- Appellant
                                   Versus
 State Of Chhattisgarh Through Police Station Fingeshwar, District : Gariyabandh,
  Chhattisgarh
                                                                    ---Respondent

04.01.2023 Md. Afroz Athar, counsel for the appellant.

Ms. Abhyunnati Singh, Panel Lawyer for the State. Heard on application for suspension of sentence. By the impugned judgment dated 13.09.2022 passed by the learned Additional Session Judge, Gariyaband (C.G.) in S.T. No. 13/2020, the appellant stands convicted, as under:-

                      Conviction                          Sentence
                U/s 304 of IPC          : R.I. for 7 years and fine of Rs.1000/-, in
                                            default of payment of fine, 2 months
                                            R.I.

Learned counsel for the appellant would draw attention of this Court on paragraph 49 of the order passed by learned trial Court and submit that fighting was going on between the appellant and Neelkhanth and the deceased has come in between and sustained injury on his head which caused death, therefore, the offence would

fall within the ambit of Section 304-II of the IPC. He would further submit that the appellant has been awarded sentence of R.I. for 7 years and he has remained in jail for 2 years and 9 months, further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence be kindly be suspended. .

On the other hand, learned State counsel would submit that the appellant has rightly been convicted after appreciating the facts and materials available on record, hence, the application for suspension of sentence be kindly rejected.

Considering the fact that the maximum jail sentence awarded to the appellant is R.I. for 7 years and he has remained in jail for 2 years and 9 months, further the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence awarded to the appellant and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 24 th January, 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 the disposal of this appeal.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge kkd