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CRA No. 460 of 2018
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 460 of 2018
Manaram S/o Bhuvneshwar Sahu, aged about 30 years, R/o Village Jhitki, Police out
post Komakhan, Police Station Bagbahra, District Mahasamund, C.G.
Versus
State Of Chhattisgarh, through the Police Station Bagbahra, (Ajak), District
Mahasamund, C.G.
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sachin Singh Rajput
23.08.2022 Mr. Vineet Kumar Pandey, counsel for the appellant.
Mr. Afroz Khan, PL for the State / respondent.
Heard on I.A. No.1/2021, application for suspension of sentence and grant of bail.
By the impugned judgment dated 19.02.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District Mahasamund, C.G. in Special (Atrocities) Sessions Trial No.H- 15/2016 the present appellant has been convicted for the offence under Section 302 of IPC and sentenced to undergo imprisonment for life & pay fine of Rs.1000/-, in default of payment of fine additional R.I. for six months. The appellant has challenged the same in this appeal. 2
CRA No. 460 of 2018 Mr. Vineet Kumar Pandey, learned counsel for the appellant submits that the appellant has falsely been implicated in crime in question and he has been convicted by recording a finding which is perverse to the record. He is in custody since 16.06.2016, therefore, application may be allowed and the appellant may be released on bail.
Per contra, Mr. Afroz Khan, learned State counsel, opposes the prayer made by learned counsel for the appellant and submits that on the basis of statement of eye witnesses Bhuri Bai (PW-3) & Babli Bai (PW-10) the learned trial Court has rightly convicted the appellant for the aforesaid offence and, as such, the bail application of the appellant deserves to be rejected.
We have heard learned counsel for the parties and considered their rival submissions and also perused the records with utmost circumspection.
Taking into consideration the facts and circumstances of the case, nature and gravity of offence and statement of eye witnesses Bhuri Bai (PW-3) & Babli Bai (PW-10) and further considering the other materials available on record, we are not inclined to grant bail to the present appellant. Accordingly, I.A. No.1/2021, is rejected.
However, hearing of the appeal be expedited as the appellant is in jail since 16.06.2016.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Judge Judge
Ankit