Chattisgarh High Court
Smt. Hemin Sahu vs State Of Chhattisgarh on 21 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2271 of 2024
1. Smt. Hemin Sahu, W/o Manohar Sahu, Aged About 48 Years, R/o Village
Sankari, Chowki Birejhar, Police Station Kurud, District Dhamtari,
Chhattisgarh.
2. Manohar Sahu, S/o Bishat Sahu, Aged About 60 Years, R/o Village
Sankari, Chowki Birejhar, Police Station Kurud, District Dhamtari,
Chhattisgarh.
... Appellants
versus
• State Of Chhattisgarh, Through Station House Officer, Police Of Police
Kurud, District Dhamtari, Chhattisgarh.
... Respondent
AND
CRA No. 2277 of 2024
• Daulat Ram Sahu, S/o Manohar Sahu, Aged About 29 Years, R/o Village
Sankari, Chowki Birejhar, Police Station Kurud, District Dhamtari,
Chhattisgarh
... Appellant
versus
• State Of Chhattisgarh, Through Station House Officer, Police Of Police
Kurud, District Dhamtari, Chhattisgarh.
... Respondent
(Cause title taken from Case Information System)
Order Sheet
21/01/2025 Mr. Pravin Kumar Tulsyan, counsel for the appellants in CRA
No.2271/2024 and Mr. Anil Kumar Gulati, counsel for the appellant
in CRA No.2277/2024.
Mr. Ajay Kumrani, P.L. for the State/respondent in CRA
No.2271/2024.
Ms. Sunita Manikpuri, Deputy G.A. for the State/respondent
in CRA No.2277/2024.
Since both the appeals arise out of same judgment of
conviction and order of sentence, hence, I.A. No.1/2024, application
under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023
for suspension of sentence and grant of bail, filed in both the
appeals are being heard together and disposed of by this common
order.
Heard on admission.
Admit.
Issue notice to the respondent.
Learned State counsel accepts notice on behalf of the
State/respondent, therefore, issuance of notice to it, is dispensed
with.
Also heard on I.A. No.1/2024, application under Section 430
of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of
sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 13.12.2024 (Annexure-A/1) passed by the learned
Upper Sessions Judge (F.T.C.), Dhamtari, District Dhamtari (C.G.) in
Sessions Trial No.66/2021, each of appellants has been convicted
and sentenced as under :-
S.No. Conviction Sentence
01. U/s. 304-B read with R.I. for 10 years with fine of
Section 34 of Indian Rs.1,000/- and in default of
Penal Code, 1860 payment of fine, further R.I.
for 6 months.
Learned counsels for the appellants submit that appellants
have been convicted without any cogent and reliable evidence. It is
further submitted that prosecution has not proved that any
harassment was made to the deceased soon before her death. They
further submits that appellants have been convicted only on the
basis of hearsay evidence. It is further submitted that appellants
were on bail during trial and they never misused the liberty granted
to them, therefore, they pray that application for suspension of
sentence of the appellants may be allowed and sentence may be
suspended till the decision of this appeal.
Per contra, learned State counsel opposes the application for
suspension of sentence and grant of bail to the appellant.
I have heard learned counsel for the parties and perused the
record carefully.
Taking into consideration the evidence adduced by the
prosecution, particularly in respect harassment meted out to the
deceased soon before her death, by the appellant and further
considering the fact that appellants were on bail during trial, thus,
considering the totality of the facts, I feel inclined to allow the
application for suspension of sentence and grant of bail to the
appellants.
In view of above, I.A. No.1/2024, application under Section
430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension
of sentence and grant of bail to the appellants are allowed.
The substantive jail sentence imposed upon the appellants by
the learned trial Court is hereby suspended. They shall be released
on bail on their executing a personal bond in the sum of Rs.25,000/-
each with one surety each of the like amount to the satisfaction of
the concerned trial Court for their appearance before the Registry of
this Court on 24.02.2025. They 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 them by the said Court, interval being not less
than 6 months, till final disposal of this appeal.
List this matter thereafter.
In the meantime, Registry is directed to link CRA
No.2271/2024 and CRA No.2277/2024 with each other.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Digitally
signed by
DEEPTI DEEPTI
NIRALA
JHA
JHA Date:
NIRALA 2025.01.21
17:49:35
+0530
