Decided on March 31,2005

State Of C G Respondents


- (1.) HEARD Mr.Janak Ram Verma, Advocate for the appellants and Mr. Ashish Shukla. Govt. Advocate for the State of Chhattisgarh/respondent, on the question of admission. The appeal is admitted for hearing.
(2.) MR . Shukla accepts notice on behalf of the respondent. M. (Cri.) P.No. 2864 of 2004 : This is an application for suspension of sentence and grant of bail in respect of appellants No. 1, 2, 3, 4 and 5 (Sudarshan, Parganiha, Ugrasen, Dhaneshar alias Dhaneshwar and Suklal). Mr. Verma, learned counsel for the aforesaid appellants submitted that although the aforesaid appellants have been named in the F.I.R. as being present in tite spot, no mention has been made in the F.I.R. that these appellants attacked the deceased by an axe (Tangia), and instead, it is mentioned that Pandey, Mangalu. Bhagwan Das and Santosh @ Dhono attacked the deceased by axe and Lathi. Mr. Verma further submitted that this vital omission in the F.I.R. makes the prosecution story that the aforesaid appellants shared the common object of killing the deceased improbable. Mr. Shukla, learned Govt. Advocate for the State of Chhattisgarh, on the other hand, submitted that the prosecution witnesses have said in their evidence that the aforesaid appellants also participated in the attack on the deceased. Considering the aforesaid submissions of learned counsel for the parties, we are inclined to grant bail and suspend the sentences in respect of appellants No. 1,2,3,4 and 5 namely, Sudarshan, Parganiha, Ugrasen, Dhaneshar alias Dhaneshwar and Suklal. Accordingly, execution of substantive sentences imposed on the aforesaid appellants are suspended and they be released on bail on each of them furnishing a personal bond in the sum of Rs. 5,000/- with two sureties in the like amount to the satisfaction of the trial Court. Along with bail bond, the appellants shall also furnish their photographs and the details of movable and immovable properties, if any. They will also appear before the trial Court on 12th May, 2005, and keep on appearing before the trial Court on all the subsequent dates fixed by the trial Court till the disposal of this criminal appeal. M. (Cri.) P. No. 2864/2004 stands disposed of. Parties are entitled for certified copy of this order. Application Allowed.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.