Research › Search › Judgment

Chhattisgarh High Court · body

2015 DIGILAW 287 (CHH)

Ghanshyam Singh v. State of C. G.

2015-10-15

INDER SINGH UBOWEJA, PRITINKER DIWAKER

body2015
ORDER : 1. Heard on I.A. No. 01, filed on behalf of appellants No. 1 & 2 namely, Ghanshyam Singh & Smt. Barsana Singh and I.A. No. 02 filed on behalf of appellants No. 3 & 4, namely, Rupesh Singh & Mahendra Singh for suspension of sentence and grant of bail. The appellants stand convicted for offence punishable under Section 302 read with Section 34 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- each, in default of payment of fine to further undergo RI for 5 months vide judgment dated 26-03-2015 passed in Sessions Trial No. 231 of 2014 by the Second Additional Sessions Judge, Janjgir (C.G.). 2. Learned counsel appearing for the appellants submits that the exact cause of death of the deceased has not been established, as per autopsy report of Dr. Sunil Kumar Pendro (PW/10), it could also be accidental. He further submits that appellants No. 1 & 2 are aged persons and they have been falsely implicated in the crime in question. Lastly, it has been submitted that the appeal is likely to take some time for its final disposal and therefore, the appellants be released on bail. 3. On the other hand, learned State counsel has opposed the bail applications. 4. Considering the totality of the case, in particular the nature of evidence adduced by the prosecution and without further commenting on merits, we are inclined to release the appellants on bail. 5. Accordingly I.A. No. 01, filed on behalf of appellants No. 1 & 2 namely, Ghanshyam Singh & Smt. Barsana Singh and I.A. No. 02 filed on behalf of appellants No. 3 & 4, namely, Rupesh Singh & Mahendra Singh are allowed and it is directed that execution of the jail sentence awarded to the appellants by the trial Court shall remain suspended during pendency of the appeal hey shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 20,000/- with solvent surety in the like amount to the satisfaction of trial Court. The appellants are exempted from giving personal appearance until and unless otherwise directed. Certified copy as per rules.