Chattisgarh High Court
Anil Kumar @ Bikau Patre vs State Of Chhattisgarh on 4 October, 2023
Page 1 of 4
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1728 of 2022
1 - Anil Kumar @ Bikau Patre S/o Shri Jeevan Lal Patre Aged About 28 Years
R/o Village Lohrakapa Police Station Jarhagaon, District : Mungeli, Chhattisgarh
2 - Sunil @ Chhotu Patre S/o Shri Jeevan Lal Patre Aged About 26 Years
R/o Village Lohrakapa Police Station Jarhagaon, District : Mungeli, Chhattisgarh
---- appellants
Versus
1 - State Of Chhattisgarh Through District Magistrate Mungeli, District : Mungeli,
Chhattisgarh
--- Respondent
04.10.2023 Mr. Dheerendra Pandey, Counsel for the appellants.
Mr. Sudhir Sahu, P. L. for the State/respondent.
Heard on I.A.No. 01 - application under Section 389(2) of CrPC for suspension of sentence and grant of bail.
By the impugned judgment of conviction and order of sentence dated 20.10.2022 passed by the First Additional Session Judge Mungeli, District Mungeli, CG in Sessions Trial No. 77/2021, the appellants have been convicted and sentenced in the following manner:-
Conviction Sentence
Under Section 450/34 of IPC RI for 5 years and fine of Rs. 500/-
default of fine Additional RI for 02
months. (each)
Page 2 of 4
Under Section 304 part II / 34 RI for 10 years and fine of Rs. 1000/-
of IPC default of fine Additional RI for 03 months. (each) Under Section 325/34 of IPC RI for 3 years and fine of Rs. 500/- default of fine Additional RI for 02 months. (each) All the Sentence run concurrently
Learned counsel for the appellant submits that from the evidence collected by the prosecution, the case beyond Sections 325 and 450 will not be made out. The conviction of the appellants under Section 304 part II of IPC is erroneous considering the evidence brought on record. Apart from this, he submits that the appellants have already remained in jail for almost two years and two months and the appeal will take some time for hearing on merits, therefore the substantive jail sentence imposed upon the appellants may be suspended and they may be released on bail. He places reliance upon the judgment of the Supreme Court in cases of Anbazhagan Vs. The State Represented by the inspector of police reported in (2023) 2 LawHerald (SC) 1657, Lakshmi Chand and Another Vs. State of Uttar Pradesh in Criminal Appeal No. 1540 of 2017 decided on 24.08.2018, Chandrakumar @ Kali Vs. State of Madhya Pradesh in Criminal Appeal No. 378 of 2020 @ Special Leave Petition (CRL.) No. 2749 of 2019 decided on 03.03.2020 and Bhoopat Singh Vs. J.B. Katariya reported in (2009) 17 SCC and also places reliance upon the Page 3 of 4 judgment of various High Courts in the cases of Pirthi Vs. State of Haryana in Criminal Appeal No. 626 of 1993 (Arising out of S.L.P. (Criminal) No. 1561 of 1993 decided on 08.10.1993, Maruti Shinde, Kalabai Maruti Shinde, Dropadabai Ganpat Shinde and Raju Ganpat Shinde Vs. The State of Maharashtra reported in (2009) ALLMR (Cri) 3624 : (2010) 1 BomCr (Cri) 110, Madho Vs. State of Rajasthan reported in (2009) 4 WLC 674, State of Karnataka Vs. Shivalingaiah Alias Handigidda in Criminal Appeal No. 83 of 1984 decided on 01.04.1987 and Shashi Kamal Rai Vs. State of U.P. reported in (2004) 49 AcrC 291 : (2004) CriLJ 3536 and also judgment passed by this Court in the cases of Sunil Kumar Sharma Vs. State of Chhattisgarh in CRA No. 05 of 2022 decided on 04.05.2022 and Balram Sahu Vs. State of Chhattisgarh in CRA No. 1378 of 2015 decided on 16.02.2018.
State counsel opposes the application for suspension of sentence and grant of bail and submits that the eye witness account which has been relied upon by the learned trial Court and the injuries sustained by the deceased, the findings recorded by the trial Court is absolutely correct.
Having thus considering the submission of the parties, the evidence available on record and also considering the case law cited by the counsel for the appellant and looking to the detention period; evidence collected so far, I am inclined to allow this application.
Accordingly, IA No. 01 is allowed.
Page 4 of 4
The substantive jail sentence awarded to the appellants are suspended during the pendency of this appeal and they are directed to release on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each along with one surety in the like sum to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 08.12.2023. They 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 are given to him by the said Court, till the disposal of this appeal.
List this case for final hearing.
Certified copy as per rules.
Sd/-
(Sachin Singh Rajput) Judge pawan