Chattisgarh High Court
Manoj Porte vs State Of Chhattisgarh on 7 December, 2023
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1557 of 2023
Manoj Porte S/o - Ramlakhan Porte Aged About 22 Years R/o - Village- Palgi, P.S.-
Trikunda, District- Balrampur-Ramanujganj, C.G.
---- Appellant
Versus
State Of Chhattisgarh Through- S.H.O., Police Station- Trikunda, District- Balrampur-
Ramanujganj, C.G.
---- Respondent
(Cause-title taken from Case Information System) 07/12/2023 By the impugned judgment of conviction and order of sentence dated 03.07.2023 passed in Sessions Trial No.51/2022, the learned II nd Additional Sessions Judge Balrampur, Place Ramanujganj, District Balrampur-Ramanujganj (C.G.) has convicted the appellant for the offence punishable under Section 302 of the IPC, Section 4 and 5 of C.G. Tonahi Pratadna Nivaran Act, 2005 and sentenced him to undergo R. I. For life and to pay fine of Rs. 100/-, in default of payment of fine amount, R.I. for 06 months, R.I. for 03 years and to pay fine of Rs.100/-, in default of payment of fine amount, R.I. for three months and R.I. for 03 years and to pay fine of Rs.100/-, in default of payment of fine amount, R.I. for three months respectively, with a direction to run all the jail sentences concurrently.
Heard Mr. Pushkar Sinha, learned counsel for the appellants. Also heard Mr. Avinash K. Mishra, learned Govt. Advocate, appearing for the respondent/State on the instant application for suspension of sentence and grant of bail (I.A. No. 1 of 2023) filed on behalf of appellant.
Learned counsel for the convict/appellant has argued that the appellant has 2 been falsely implicated in the present case and there is no evidence on record to connect the appellant with commission of the offence. It has been argued by learned counsel for the appellant that there is no eye-witness in the case and it is based on circumstantial evidence only. The deceased happened to be aunt of the appellant and the appellant had suspicion on the deceased that she was involved in witchcraft and on account of which he assaulted the deceased with tangi. The presence of blood stained found on the weapon of assault has not been properly proved against the appellant by the prosecution. The appellant is in jail since 17.01.2022 and appeal may likely to take long time for its final disposal. Hence, he prays that the appellant be enlarged on bail.
Mr. Avinash K. Mishra, learned Govt. Advocate submits that the prosecution has proved its case beyond reasonable doubt, thus, he opposes the prayer for grant of bail. He further submits that the findings arrived at by the learned trial Court is just and proper.
We have heard learned counsel for the parties and perused the record of the Court below.
Considering the submissions advanced by the learned counsel for the parties, material available on record and the medical evidence and the fact that appellant are in jail since 17.01.2022 and final 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 substantive jail sentence awarded to appellant Manoj Porte 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 24.01.2024. He shall thereafter, appear before the concerned trial Court on a date to be given by the Registry of 3 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, I.A. No. 1 of 2023 filed by appellant - Manoj Porte is allowed. It is made clear that the observations made hereinabove are only confined for disposal of aforesaid I.A. 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 matter for final hearing.
C.C. as per rules.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Ravi Mandavi