Chattisgarh High Court
Birendra Kumar Halba vs State Of Chhattisgarh on 3 August, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
I.A. No.1 of 2022
In Re :
CRA No. 1686 of 2022
• Birendra Kumar Halba S/o Johiram Halba Aged About 30 Years R/o Faradfod,
Police Station - Devri, District - Balod (C.G.)
---- Appellant
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station - Devri,
District : Balod, Chhattisgarh
---- Respondent
(Cause-title taken from Case Information System) 03/08/2023 By the impugned judgment of conviction and order of sentence dated 22.09.2022, learned First Additional Sessions Judge, Balod, District- Balod (C.G.) in Sessions Trial No. 38/2020 has convicted the appellant and sentenced him as under :-
Conviction Sentence
U/s 302 of Indian Penal Code For life imprisonment and fine of
Rs.1000/- in default of payment of
fine 1 month additional R.I.
U/s 324 of IPC R.I. for 1 year and fine of Rs.1000/-,
in default of payment of fine 1 month
additional R.I.
Heard Mr. Sudhanshu Kumar Singh, learned counsel for the appellant and Ms. Madhunisha Singh, Dy. A.G. appearing for the State/respondent on the instant application for suspension of sentence and grant of bail (I.A.No.01/2022).
Learned counsel for the appellant has argued that the appellant along with his first wife was accused in the present case and deceased is a second wife of the appellant who died in the house of the appellant. He further submits that there is no eye-witness to the incident. Moreover, Narendra Kumar Thakur (P.W.-1), who happens to be brother of the appellant is an injured witness but because of the property dispute, he has lodged the FIR against the appellant. The appellant is in jail since 12.09.2020 and the appeal is likely to take some time for its conclusion, hence the appellant has filed the instant application for suspension of sentence and grant of bail.
An objection has been filed on behalf of the State/respondent. It was argued by Ms. Madhunisha Singh, learned Deputy Advocate General that it is an admitted fact that the deceased is second wife of the appellant and she was assaulted with sickle by the appellant and when his brother Narendra Kumar Thakur (P.W.-1) tried to save her, he was also assaulted by the appellant. Therefore, the instant application for suspension of sentence and grant of bail is liable to be rejected.
We have heard learned counsel for the parties and perused the records of the Court below.
Considering the totality of the facts and circumstances of the case, gravity of offence and further considering the evidence of injured witness Narendra Kumar Thakur (P.W.-1), the fact that the dead body of the deceased was found in the house of the appellant but he failed to explain as to what circumstances, she died, we are not inclined to release the appellant on bail. Accordingly, I.A.No.01/2022, for suspension of sentence and grant of bail is rejected.
It transpires from the record that the matter is ripe for final hearing. List this appeal for final hearing after eight weeks.
Sd/- Sd/-
(Rajani Dubey) (Ramesh Sinha)
Judge Chief Justice
Ruchi