Chattisgarh High Court
Laxminath Sinha @ Dokra vs State Of Chhattisgarh on 4 February, 2025
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1379 of 2023
Laxminath Sinha @ Dokra S/o Late Mahadev Sinha Aged About 55 Years R/o
Village Chitalnar, Mahrapara, At Present R/o Ward No. 12, Dornapal, Thana
Dornapal, District Sukma, Chhattisgarh.
... Applicant
versus
State Of Chhattisgarh Through Police Station Dornapal, District Sukma,
Chhattisgarh. ...Respondent
(Cause-title is taken from the CIS)
04.02.2025 By the impugned judgment of conviction and order of
sentence dated 06.06.2023, passed in Session Case No.122 of
2022, the learned Session Judge, South Bastar, Dantewada,
Chhattisgarh, has convicted the appellant for commission of
offence under Section 302 of the IPC and sentenced to undergo
RI for life and to pay fine of Rs.500/- with default stipulation.
Heard Shri Deepak Kumar Jain, learned counsel for the
Cra 1379 of 2023
appellant, and Shri SS Ubeja, learned PL for the State on the
instant application for suspension of sentence and grant of bail
(IA-1 of 2023).
Learned counsel for the appellant would submit that the
appellant has been falsely impleaded in the case as the chain of
circumstances giving lead to prove guilt of the appellant are
inconsistent. It is further submitted that appellant gave only a
single knife blow out of sudden rage of anger, by which the
deceased succumbed to death. There is no any premeditaiton,
or planning to commit the offence. The quarrel between the
present applicant and the deceased was also on a trivial issue
of demanding money of Rs.150/-. At the most, offence
committed by the appellant cannot travel beyond Section 304 of
the IPC. At the most, offence committed by the appellant
cannot travel beyond Section 304 of the IPC. Appellant is in jail
since 08.06.2022, and the appeal would take some more time
for its final adjudication, therefore, he may be enlarged on bail.
On the other hand, learned counsel for the State opposes
Cra 1379 of 2023
the prayer for grant of bail.
We have heard learned counsel for the parties and
perused the records of the Court below.
Considering that it is a case of sudden provocation without
there being any premeditation, appellant gave only single blow
out of sudden anger, he is in custody since 08.06.2022 and
final adjudication of this appeal would take a long 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 substantive jail sentence awarded to
appellant Laxminath Sinha @ Dokra, s/o late Mahadev Sinha
by the learned trial Court is hereby suspended. He shall be
released on bail on his executing bail bond to the satisfaction of
the concerned trial Court for his appearance before the Registry
of this Court on 17th March, 2025. 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,
Cra 1379 of 2023
interval being not less than 6 months, till final disposal of this
appeal.
Consequently, IA-1 of 2023 filed by the appellant is
allowed.
It is made clear that the observations made here in above
are only confined for disposal of aforesaid application for grant
of bail, filed in this appeal and it shall not be construed as an
expression of opinion of this Court on the merits of the matter.
List this case for final hearing in its due course.
Certified copy as per rules.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
padma
