Chattisgarh High Court
Dhannu Chandrawanshi vs State Of Chhattisgarh on 20 June, 2024
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
I.A. No. 01 of 2024
In Re:
CRA No. 465 of 2024
Dhannu Chandrawanshi, S/o Bharat Chandrawanshi Aged about 25 years R/o
Gram Koko, Thana-Pipriya, Distt.Kabirdham (CG)
---- Appellant (In Jail)
Versus
State of Chhattisgarh Through Officer Incharge P.S. Pipariya, Distt.-Kabirdham
(CG)
---- Respondent
(Cause-title taken from Case Information System)
20/06/2024 By the impugned judgment of conviction and order of
sentence dated 20.01.2024, the Sessions Judge, Kabirdham
(Kawardha) in Sessions Trial No. 04 of 2023 has convicted the
appellant for the offence punishable under Sections 302 and 201
of the Indian Penal Code (for short, the IPC) and sentenced to
undergo imprisonment for life with fine of Rs.500/- and rigorous
imprisonment for three years with fine of Rs.500/-, respectively, in
default of payment of fine, he shall further undergo R.I. for 01
month on each count with a direction to run both the sentences
concurrently.
Heard Mr. Sanjay Agrawal, learned counsel for the appellant
and Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the
State/respondent on the instant application for suspension of
sentence and grant of bail (I.A. No.01 of 2024).
Learned counsel for the appellant argued that the present
case rests on circumstantial evidence. There appears to be no
evidence against the present appellant except the bloodstains
clothes which was recovered from the possession of the appellant,
to which learned counsel for the appellant states that he has fallen
from motor-cycle and received some injuries and on account of
which, blood was found on clothes of the appellant. He further
submits that though in FSL report blood was found on clothes of the
appellant, but it was not ascertained whether the blood which was
found on clothes of the appellant was of blood of the deceased and
the appellant has been implicated in the present case on the ground
that he informed the father of the deceased about the incident. He
also submits that there is no motive in the present case and the
appellant has no criminal antecedents. He is in jail since 20.10.2022
and the appeal is likely to take a couple of years or even more in its
final disposal. Hence, he prays that the appellant be enlarged on
bail.
However, Mr. Nitansh Jaiswal, learned Panel Lawyer for the
State opposes the prayer for grant of bail.
We have heard learned counsel for the parties and perused
the documents appended with the bail application.
Taking into account that the present case rests on
circumstantial evidence, considering that there is no eyewitness in
the present case, further considering that though in FSL report
blood was found on clothes of the appellant but it was not
ascertained whether the blood which was found on clothes of the
appellant was of blood of the deceased, also considering that there
is no motive in the present case, the appellant is in jail since
20.10.2022 and hearing of this appeal would take prolonged period
of time, we deem it appropriate to allow the application for
suspension of sentence and grant of bail moved on behalf of the
appellant.
Accordingly, the application is allowed. The substantive jail
sentence awarded to the appellant by the learned trial Court is
hereby suspended. He shall be released on bail on his executing
bail bond of Rs.25,000/- (Twenty Five Thousand Only) with one
surety in the like amount to the satisfaction of the concerned trial
Court for his appearance before the Registry of this Court on
6.8.2024. He shall thereafter appear before the concerned 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, interval being not less than 6 months, till
final disposal of this appeal.
It is made clear that the observations made hereinabove are
only confined for disposal of aforesaid IA filed in this appeal appeals
and it shall not be construed as an expression of opinion of this
Court on the merits of the matter.
List this matter for final hearing.
C.C. as per rules.
Sd/- Sd/-
(Sachin Singh Rajput) (Ramesh Sinha)
Judge Chief Justice
Bablu
