Surit Ram and Another vs State of Chhattisgarh

Heard on M.(Cr.)P. No. 1066/2006, filed on behalf of accused/Appellant No. 1 Surit Ram in Cr.A. No. 374/2006 & I.A. No. 1/2007 filed on behalf of accused/Appellant No. 2 Odkakin @ Darasmati in Cr.A No. 276/2006 for suspension of sentences and grant of bail, during the pendency of these appeals.

These accused/Appellants along with co-accused Shyam, husband of the deceased & Manoj, brother-in-law of the deceased, have been convicted for commission of offence u/s 304B & 498A of the IPC and each of the accused has been sentenced to undergo imprisonment for life & to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for two months and to undergo R.I. for 3 years & to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for two months, respectively.

Having heard learned Counsel for the parties, having regard to the material available on record, considering the evidence of PW-1 Rukmani Bai, PW-2 Sushila, PW-3 Sahasram & PW-4 Shravan Kumar; mother, sister, father & uncle of the deceased, respectively, further considering the fact that the deceased was residing in separate house with her husband and the fact that the present accused/Appellants are in jail since 2005, thereby they are in jail for about 2V2 years, we are of the opinion that it is a fit case in which substantive sentences imposed upon these accused/Appellants should be suspended and they should be released on bail, during the pendency of these appeals. Accordingly, the applications are allowed.

Execution of substantive sentences imposed upon accused/Appellants Surit Ram & Odkakin @ Darasmati shall remain suspended and they are directed to be released on bail on each of them executing a personal bond in the sum Rs. 10,000/- with a surety in the like sum to the satisfaction of the trial Court for their appearance before the trial Court on 21st April. 2008. They shall thereafter continue to appear before the trial Court on all such subsequent dates as are given to them by the said Court, till the disposal of these appeals.

Consequently, I.A. Nos. 2/2007 & 3/2007 filed in Cr. A. No. 276/2006 stand disposed of.

Parties are entitled for certified copy of this order.