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Judgment
15 paragraphs · 285 wordsHeard on I.A No.1/2016, an application for suspension of sentence and grant of Appeal.
By the impugned judgment dated 4.2.2016 passed by the 6th Additional Sessions Judge, Ambikapur, Surguja (CG) in Sessions Trial No.51/2014, the
Accused/Appellant stands convicted under Section 302 IPC and sentenced to life imprisonment with fine of Rs.2,000/- with usual default stipulations.
Learned Counsel for the Appellant submits that the sole eyewitness Ku. Archana (PW-4) has not supported the case of the prosecution and has been
declared hostile. It has been argued that even if the entire case of the prosecution is taken as it is, at best, the Appellant would be liable to be
convicted under Section 304 Part-II IPC. He lastly submits that the Appellant is in jail since 26.2.2014 and that the Appeal is likely to take quite some
time for its final disposal and therefore, he may be released on bail.
On the other hand, learned State Counsel opposed the application for grant of bail.
We have heard learned counsel for the parties.
Considering the totality of the facts and circumstances of the Case, in particular, the nature of evidence adduced by the prosecution, without further
commenting on merits, we are of the opinion that present is a fit case to suspend the jail sentence imposed upon the Appellant.
Accordingly, IA No.1/2016 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.50,000/- with one surety in the like sum to the satisfaction of the trial Court. The Appellant need
not give appearance anywhere until and unless otherwise directed.