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2012 DIGILAW 136 (CHH)

BAL RAM SAHU v. STATE OF C. G.

2012-05-08

PRITINKER DIWAKER

body2012
ORDER Heard on I.A. No.01, application for suspension of sentence and grant of bail. Appellant has been convicted for the offence under Section 306 of IPC and sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 100, in default R.I. for three months. Contention of Shri Verma, learned counsel for the appellant is that the marriage of the deceased was solemnized with the appellant about 28 years prior to the date of incident and she committed suicide on 01.04.2010 by consuming some poisonous substance. He submits that the relations between the appellant and the deceased were cordial and they were living happily. He submits that even if the entire prosecution case is taken as it is, offence under section 306 of IPC is not made out against appellant because ingredients of the said section in particular section 107 of IPC are completely missing in this case. He further submits that so far as the fracture of rib of the deceased as defined by Dr. P.C. Deshmukh (PW-2) is concerned, the same could be because of the pressure put forth by the treating doctor on the chest of the deceased when he was sinking and this has been clarified by PW-5, Dr. M.P. Chandrakar. Lastly it has been argued that during trial the appellant was on bail, he is in jail since 24.03.2012 and the appeal is likely to take some time for its final disposal, therefore, appellant be released on bail. On the other hand, learned counsel for the State and objector oppose the bail application. Considering the totality of the case, in particular the nature of evidence adduced by the prosecution, without further commenting on merits, I am inclined to release the appellant on bail. Accordingly, the bail application is allowed. It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000 with one surety in like sum to the satisfaction of the trial Court. Appellant need not give appearance anywhere until and unless otherwise directed. Application Allowed.