Chattisgarh High Court
Ashwani Sahu vs State Of Chhattisgarh on 28 March, 2025
1/5
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 469 of 2024
1. Ashwani Sahu S/o Ankalu Ram Sahu Aged About 44 Years R/o
Vishal Family Dhaba Restaurant, Village- Kurubhat, Police
Station- Dongargarh, District- Rajnandgaon, Chhattisgarh.
2. Vishal Sahu S/o Ashwani Sahu Aged About 20 Years R/o Vishal
Family Dhaba Restaurant, Village- Kurubhat, Police Station-
Dongargarh, District- Rajnandgaon, Chhattisgarh.
... Appellants
versus
1. State of Chhattisgarh Through Station House Officer, Police
Station- Dongargarh, District- Rajnandgaon, Chhattisgarh.
... Respondent
Order Sheet
28/03/2025 Mr. Malay Shrivastava, counsel for the appellant.
Mr. Devesh G. Kela, Panel Lawyer for the State.
Heard on I.A. No. 03/2025, which is an application
for suspension of sentence and grant of bail to appellant
No. 1 - Ashwani Sahu under Section 389 (1) and (2) of
the Code of Criminal Procedure,1973.
Vide judgment dated 05.02.2024, passed by the
learned Additional Sessions Judge, Dongargarh,
District-Rajnandgaon (C.G.) in S.T. No. 14/2020,
whereby the appellant No. 1 - Ashwani Sahu has been
convicted as under:-
Conviction Sentence
U/s 294 of the IPC S.I. for three months.
U/s 323 of the IPC S.I. for six months with fine
of Rs. 500/- and in default
of payment of fine,
additional S.I. for two
months.
U/s 325 of the IPC R.I. for one year with fine
of Rs. 1,000/- and in
default of payment of fine,
additional R.I. for three
months.
U/s 302 of the IPC Imprisonment for Life with
fine of Rs. 2,000/- and in
default of payment of fine
additional R.I. for one year.
All the sentences are directed to run concurrently.
Learned counsel for the appellant submits that
looking to the statement of the witnesses, it is apparent
that appellant along with Vishal Sahu has assaulted
deceased, namely, Justin Anthony. On a sudden
provocation, when quarrel took place in the restaurant
(Dhaba) of appellant, appellant and other co-accused
persons have assaulted the deceased on 04.08.2020
and thereafter, due to assault deceased was taken to
hospital where he died on 13.08.2020, as such, there is
no intention of murder. At the most, it would be a case
under Section 326 of the I.P.C. It is also clear from the
medical evidence that only one injury has been
sustained by the deceased over the head and the cause
of death is traumatic brain injury and cardio respiratory
arrest. He further submits that appellant No. 1 -
Ashwani Sahu is in jail since 05.08.2020, as such, he
has completed about four years and seven months of
the imprisonment. Appellant No. 2 - Vishal Sahu has
already been granted bail by this Hon'ble Court vide
order dated 13.08.2024, hence, the appellant No. 1 may
also be enlarged on bail.
Learned State counsel vehemently opposes the
submissions made by the counsel for the appellant and
would submit that appellant No. 1 is the main accused in
the incident, however, he do not dispute the fact that
deceased died after nine days of the incident during
course of the treatment and the cause of death was said
to have been traumatic brain injury and cardio
respiratory arrest.
We have heard learned counsel for the parties and
perused the material available on record.
Looking to the evidence of Dr. Suchita Shrivastava
(PW-22) injuries of Justin Anthony has only one injury
over the head and only one injury on right toe and the
deceased died after nine days of the incident, Vishal
Sahu has already been granted bail by this Court vide
order dated 13.08.2024, we are inclined to grant bail to
the appellant No. 1-Ashwani Sahu.
Accordingly, I.A. No. 03/2025, which is an
application for suspension of sentence and grant of bail
to appellant No.1-Ashwani Sahu U/s 389 (1) and (2) of
Code of Criminal Procedure,1973 is allowed.
Execution of substantive jail sentence imposed on
appellant No. 1-Ashwani Sahu shall remain suspended
and he is directed to be released on bail on his
executing a personal bond for a sum of Rs. 25,000/-
with two solvent sureties for the like sum to the
satisfaction of the trial Court for his appearance before
the Registry of this Court on 18th of June, 2025. 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 case for final hearing in its chronological
order.
Sd/- Sd/-
Digitally
signed (Rajani Dubey) (Amitendra Kishore Prasad)
by
SHAYNA
KADRI Judge) Judge
Shayna
