GAGAN MUKHERJEE Vs. STATE OF C G
HIGH COURT OF CHHATTISGARH
State Of C G
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(1.) M .(Cri.)P. No. 549 of 2005
This is an application under Section 389 of the Cr.P.C. for suspension
of sentence and grant of bail in respect of appellant Gagan Mukherjee pending
disposal of Criminal Appeal No. 355/2003.
Heard Mr. Rajendra Singh Senior Advocate with Mr. Uttam Pandey &
Mr. Neeraj Mehta, Advocates for the appellant, and Mr. Ashish Shukla, Govt.
Advocate for the State/respondent.
(2.) THE last bail application filed on behalf of Gagan Mukherjee was heard and disposed of on 4-8-2003 by the Court.
Mr. Rajendra Singh, learned Senior Advocate for appellant Gagan
Mukherjee submits that two material witnesses namely, Husan Aara & Man
Khan, though cited as witnesses, were not examined by the prosecution and
no explanation whatsoever has been furnished as to why the said witnesses
have been withheld and it is a fit case in which the Court should draw the
presumption under Section 114 (g) of the Evidence Act that had they been
produced and examined, their evidence would have gone against the
prosecution. He further submits that there is no possibility of the criminal
appeal being heard and disposed of early and the appellant is in custody
since 4th June, 2002.
Mr. Ashish Shukla, learned Govt. Advocate, on the other hand, submits
that the conviction of the aforesaid appellant is justified by the evidence on
Considering the aforesaid submissions and considering all aspects of
the matter, we direct that execution of the jail sentence imposed on appellant
Gagan Mukherjee shall remain suspended and he be released on bail pending
disposal of Criminal Appeal No. 355/2003, on his furnishing a personal bond
in the sum of Rs. 10,000/- with two sureties in the like amount to the
satisfaction of the trial Court at Durg. Along with bail bond, the appellant
will also furnish his photographs and the details of movable and immovable
properties, if any, He will also appear before the trial Court on 25th July,
2005 and keep on appearing before the trial Court on the dates fixed by the trial Court till the disposal of the criminal appeal.
Accordingly, M. (Cri.) RNo. 549/2005 stands disposed of.
Parties are entitled for certified copy of this order.
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