Chattisgarh High Court
Sukhdev Vishwakarma vs State Of Chhattisgarh on 5 March, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 442 of 2023
1 - Sukhdev Vishwakarma S/o Munna Vishwakarma Aged About 27 Years R/o
Bhagwanpur, Police Station Janakpur, District Korea Chhattisgarh
... Appellant(s)
versus
1 - State Of Chhattisgarh Through Station In Charge, Police Station Janakpur,
District - Korea Chhattisgarh
... Respondent(s)
Order Sheet
05/03/2025 Heard Mr. Hemant Kumar Agrawal, learned counsel for
the appellant and Ms. Smriti Shrivastava, 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 2023).
By the impugned judgment of conviction and order of
sentence dated 06/01/2023 passed in Sessions Trial No.
Digitally
signed by
NISHA NISHA
36/2022, the learned Second Additional Sessions Judge
DUBEY
Date:
DUBEY 2025.03.06
17:07:45
+0530
Manendragarh, District-Korea, C.G, has convicted and
sentenced the appellant in the following manner:
Conviction Sentence Fine In default
under (Rigorous of payment
Section imprisonment) of fine add.
R.I.
Section 304 of IPC 10 years Rs. 500/- 7 days
Learned counsel for the convict/appellant argued that
the appellant happens to be the maternal uncle of the
deceased. They were having liquor together, there was a
sudden quarrel between them, out of which the appellant
said to have assaulted the deceased with a stick on his head,
who died. There was a single blow. He submits that the
maximum sentence awarded to appellant under Section 304
of IPC is 10 years. He is in jail since 12.01.2022. Appeal is
likely to take a couple of years or even more in its final
disposal and if the bail is not granted to the appellant, the
present appeal would become infructuous. Learned counsel
for the appellant relied upon the judgment passed by the
Hon'ble Apex Court in the matters of Atul Alias Ashutosh
vs. State of Madhya Pradesh (2024) 3 SCC 663 and
Nanhe Lal Verma vs. State of Madhya Pradesh (Arising
out of SLP (Criminal) No. 14769 of 2024) decided on
25.11.2024 wherein, the Hon'ble Apex Court has held that
when there is a fixed term sentence and especially when the
appeal is not likely to be heard before completing entire
period of sentence, normally suspension of sentence and bail
should be granted.
Ms. Smriti Shrivastava, learned Panel Lawyer,
appearing for the State opposes the prayer for grant of bail.
Considering the submissions advanced by the learned
counsel for the parties, the law laid down by the Hon'ble
Apex Court in Atul Alias Ashutosh (supra) and Nanhe Lal
Verma (supra), that hearing of this appeal would take
prolonged period of time, I 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 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 28.04.2025. 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, interval being not less than 6 months,
till final disposal of this appeal.
Consequently, IA No. 01 of 2023 is allowed.
It is made clear that the observations made
hereinabove are only confined for disposal of aforesaid IA
filed in this appeal and it shall not be construed as an
expression of opinion of this Court on merits of the case.
List this matter for final hearing.
Certified copy, as per rules.
Sd/-
(Ramesh Sinha)
Chief Justice
Nisha
