Samajilal Sahu vs State of Chhattisgarh

Heard on M.Cr.P. No. 25/2002 for suspension of sentence and releasing the appellant on bail.

The appellant has been convicted by the Trial Court under Sections 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 5000/-and in default of payment of fine; he has to undergo further R.L for one year. The appellant has been further convicted u/s 3(2)(v) of SC & ST (Prevention of Atrocities) Act and sentenced to imprisonment for life and a fine of Rs. 5000/- and in default of payment of fine; he has to undergo further R.I. for one year. Both the sentences to run concurrently.

Counsel for the appellant submitted that it was the co-accused Suraj, who is said to have given the blow on the deceased. The sanha was read to the effect that when initially complainant went to the police station, the sanha was recorded, which goes to show that during the skuffle Suraj had kicked the deceased. It is also pointed out that the medical report goes to show that there is rupture of the spleen. It is further stated that the appellant has remained in jail during trial w.e.f. 9-7-1999 to 11-10-1999 and thereafter after the date of conviction i.e., 29-10-2001, which fact is not disputed by the learned Counsel for the State.

Counsel for the State on the other hand submits that this may not be a case u/s 302, IPC but looking to the injury of rupture of spleen it may fall u/s 304, IPC.

Having considered the facts and circumstances, the material available on record and without expressing anything further, the application is allowed.

It is directed that the execution of sentence awarded to the appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- with two sureties of Rs. 10,000/-each to the satisfaction of the Trial Court for his appearance before the registry of this Court on 7-10-2002 and on such other dates as may be given to him in this behalf. The appellant shall thereafter appear before the Trial Court concerned on a date to be given to him by the registry and shall keep on attending the dates as may be given by the Trial Court till the disposal of this appeal.

Bond shall contain the photograph, crime number and the details of the immovable and moveable properties of the appellant. Before accepting the bond, copy of the same shall be handed over to the prosecution.

Certified copy as per rules.