Chattisgarh High Court
Angad Singh Rathiya vs State Of Chhattisgarh on 4 March, 2024
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
I.A. No. 1 of 2022
In Re:
CRA No. 1830 of 2022
1 - Angad Singh Rathiya S/o Dharam Singh Rathiya Aged About 36 Years
R/o Village Chirra, P.S. Shyang, District Korba (C.G.)
2 - Chamru Singh Rathiya S/o Baldev Singh Rathiya Aged About 23 Years
R/o Village Chirra, P.S. Shyang, District Korba (C.G.)
---- appellants
Versus
1 - State Of Chhattisgarh
Through, Police Station Shyang, District Korba (C.G.)
---- Respondent
(Cause-title taken from Case Information System) 04/03/2024 By the impugned judgment of conviction and sentence dated 05.07.2022 passed in Sessions Case No. 06/2021 by the court of learned Additional Sessions Judge, Korba, District- Korba (C.G.), the appellant has been convicted and sentenced as under:-
Conviction Sentence
Section 450 of IPC 05 years R.I. and fine of Rs. 500/-
each. In default of payment of fine 6
months additional R.I.
Section 302/34 of IPC Life imprisonment and fine Rs. 1000/-.
In default of payment of fine 6 months
additional R.I.
Section 04 of Chhattisgarh Tonahi 03 years R.I. and fine Rs. 500/- each. Pratadna Nivaran Adhiniyam 2005. In default of payment of fine 6 months 2 additional R.I. all the sentences shall run concurrently.
Heard Mr. C. Jayant K. Rao, learned counsel for the appellants and Mr. Shreyansh Agrawal, learned counsel, appearing for the State / respondent on the instant application for suspension of sentence and grant of bail (IA No. 1 of 2022) filed by the appellants.
Heard.
It has been argued by the counsel for the appellants that the deceased used to consume liquor and there were accumulation of people around her house and when it was objected by the appellants, there was dispute between the deceased and the appellants. Only the appellants are lastly seen with the deceased they are involved in the crime in question which is said to be established by PW- 4 and PW- 9, whose evidence are not reliable and there is no other incriminating circumstance proved by the prosecution against the appellants. The evidence of the prosecution witnesses are full of omissions and contradictions. The appellants have been falsely implicated in the present case. The appellants are in jail since 22/02/2020 and the appeal is likely to take some time for final disposal, hence the appellants have filed the instant application for suspension of sentence and grant of bail.
Learned counsel for the State/respondent would oppose the application and submits that there is ample evidence on record to connect the appellants with commission of the offence including the medical evidence. The findings arrived at by the learned trial Court is just and proper.
We have heard learned counsel for the parties and perused the records of the Court below.
Considering the evidence of the prosecution witnesses and material available on record, we are inclined to allow the application for grant of bail.
Accordingly, the substantive jail sentence awarded to appellants by the learned trial Court is hereby suspended. They shall be released on bail on their 3 executing a personal bond for a sum of Rs. 25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for there appearance before the Registry of this Court on 15/04/2024. They 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 them by the said Court, interval being not less than 6 months, till final disposal of this appeal.
Consequently, I.A. No. 1 of 2022 filed on behalf of appellants 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.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Sagrika