Ramchandra Amle vs State Of Chhattisgarh

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Heard on I.A. No.02/18, application for suspension of sentence and grant of bail.

By the impugned judgment dated 04.07.2017 passed by the Additional Sessions Judge Bhanupratappur, district North Bastar, Kanker in Sessions Trial

No.25/2016 the accused/appellant stands convicted under Sections 450, 302 and 326 IPC and sentenced to undergo RI for seven years u/s. 450; to

undergo imprisonment for life u/s. 302 and to undergo RI for seven years u/s. 326 and pay fine of Rs. 1,000/- on each count with default stipulations.

Contention of the counsel for the appellant is that the appellant has been convicted solely on the basis of statement of PW-1 Jhamit Bai, but in her

court statement she has made general allegations against all the three accused who were tried by the trial court. It has been argued that there is no

specific allegation against the appellant for causing injury and possibility that the single injury sustained by the deceased could have been caused by the

acquitted accused, cannot be ruled out. He submits that on the same set of evidence the other accused persons have been acquitted.

On the other hand, counsel for the State opposes the bail application.

Considering the totality of the facts in particular the statement of PW-1 Jhamit Bai and the detention period of the accused/appellant, 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, the 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. The appellant need not

give appearance anywhere until and unless otherwise directed.