PANNI BAI KANNOJE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) M . Cr.C. No. 539/2008 filed by Punni Bai, M. Cr.C. No. 603/ 2008 filed by Khamhan Singh Kannoje and M. Cr.C. No. 851/2008 filed by Hemant Kumar @ Ballu Kannoje are arising out of the same crime No. 236/2007; therefore, they are being disposed of by this common order. The accused/applicants have moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 236/2007, registered at Police Station Baloda Bazar, District Raipur, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Case of the prosecution is that in the intervening night of 22nd & 23rd October, 2007 in between 2:00AM to 2:30AM Sangeeta Verma (since deceased) met with homicidal death due to strangulation & burn injuries. The case was registered in the Police Station and during investigation statements of Ramkumar & Chhabiram were recorded in which they stated that they saw the incident, therefore, earlier bail application of Hemant Kumar @ Ballu Kannoje was rejected with a direction that he will be entitled to file fresh bail application after the evidence of Ram Kumar and Chhabiram is recorded. Now, the evidence of Ram Kumar & Chhabiram is recorded and in the evidence Ram Kumar has stated that before the fateful day there was some quarrel between Sangeeta Verma, Punni Bai, Khamhan Singh Kannoje & Hemant Kumar @ Ballu Kannoje. Accused Hemant Kumar & Khamhan Singh were passing in front of the house of Sangeeta Verma which was informed to him by his family members. Chhabiram has turned hostile and he has not supported the prosecution case. He has stated that he heard the commotion and went to the threshing field where Sangeeta Bai was lying in the field.

(2.) MISC . Cr. Case No. 539 of 2008, Decided on 25.6.2008 In view of the evidence of these 2 witnesses they have not implicated the present accused persons in committing the murder of Sangeeta, therefore, I am of the opinion that it is a fit case to grant bail to applicants. Accordingly, the bail applications are allowed. The accused/applicants, namely, Punni Bai, Khamhan Singh Kannoje & Hemant Kumar @ Ballu Kannoje are directed to be released on bail on each of them executing a personal bond in the sum of Rs. 10,000/ - with a surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Copy of this order be placed on the records of M. Cr. C. Nos. 539/2008, 603/2008 & 851/2008. Certified copy as per rules.