1
CRA No. 1148 of 2018
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1148 of 2018
Ishahak @ Ishak @ Lomadi S/o Filip Kujur, aged about 30 years, R/o Village Basantala,
Beltoli, P.S. Narayanapur, District Jashpur, C.G.
Versus
State Of Chhattisgarh, through Station House Officer, Police Station : Narayanapur, District
Jashpur, C.G.
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sachin Singh Rajput
07.09.2022 Mr. Arun Kumar Shukla, counsel for the appellant.
Mr. Sudeep Verma, Dy. G.A. for the State / respondent.
Heard on I.A. No.2/2018, application for suspension of sentence and grant of bail.
By the impugned judgment and order of sentence dated 18.04.2018 passed by the Additional Sessions Judge, Kunkuri District Jashpur, C.G. in Sessions Trial No.55/2016, the appellant has been convicted as under :-
Conviction Sentence
Under Section 302 of IPC Imprisonment of life and fine of
Rs.1000/-, in default of payment of fine further R.I. for 1 year;
2
CRA No. 1148 of 2018 Under Section 450 of IPC R.I. for 5 years and fine of Rs.500/-, in default payment of fine further R.I. for 6 months;
Under Section 326 of IPC R.I. for 5 years and fine of Rs.500/-, in default of payment of fine further R.I. for 6 months.
Mr. Arun Kumar Shukla, 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 18.08.2016, therefore, application may be allowed and appellant may be released on bail.
Per contra, Mr. Sudeep Verma, learned State counsel, opposes the prayer raised by learned counsel for the appellant and submits that on the basis of statement eye witnesses Subedar Bhagat (PW-1), Ku. Sarita Bai (PW-5) & Shravan Ram (PW-7) the concerned trial Court has rightly convicted the present appellant and, as such, the bail application of the appellant deserves to be rejected.
We have heard learned counsel for the parties 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 considering statement of eye witnesses Subedar Bhagat (PW-1), Ku. Sarita Bai (PW-5) & Shravan Ram (PW-7) and further considering the other evidence available on 3 CRA No. 1148 of 2018 record, we are not inclined to grant bail to the present appellant. Accordingly, I.A. No.2/2018 is rejected.
However, hearing of the appeal be expedited as the appellant is in jail since 18.08.2016.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Judge Judge
Ankit