Chattisgarh High Court
Jagdish Bhil vs The State Of Chhattisgarh on 8 April, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.A. No. 1903 of 2017
1. Jagdish Bhil, S/o Bodariya aged about 19 years, R/o Bagdoli, Police Station
Tanda, District- Dhaar (M.P.)
2. Kailash, S/o Bhuru @ Bhur Singh, aged about 22 years, R/o Bagoli, Police
Station Tanda, District- Dhaar (M.P.)
--- Appellants
Versus
• The State Of Chhattisgarh Through The Police Station Katghora, District
Korba Chhattisgarh
---Respondent
08/04/2021 Mr. Rajesh Jain, counsel for the appellant.
Mr. Adil Minhaj, G.A. for the State.
Heard on I.A. No.01/2021, an application for suspension of
sentence and grant of bail.
This is fourth application filed for suspension of sentence and
grant of bail to the applicant. The first application for suspension of
sentence and grant of bail was dismissed as withdrawn on 27.11.2018.
The second application filed was again dismissed as withdrawn on
04.02.2020 and liberty was granted to the appellant to file application for
urgent final hearing of the case. Third application filed by the appellants
has been dismissed by this Court on 21.07.2020 and the Registry was
directed to list this case for final hearing as soon as the normal
functioning of the Courts is started.
Appellants have been convicted by the judgment of conviction
and order of sentence dated 25.10.2017, passed in Sessions Case
No.32/2015, by the Learned Additional Sessions Judge, Katghora,
District- Korba, (C.G.) with a direction to run all the sentences
concurrently in the following manner :-
Conviction Sentence
U/s. 450 of Indian Penal Code. R.I. for 10 years and fine of
Rs.25,000/- and in default of
payment of fine, additional R.I. for
01 year.
U/s. 394 of Indian Penal Code. R.I. for 10 years and fine of
Rs.25,000/- and in default of
payment of fine, additional R.I. for
01 year.
U/s. 395 r/w Section 397 of Indian R.I. for 10 years and fine of
Penal Code Rs.25,000/- and in default of
payment of fine, additional R.I. for
01 year.
This is fourth application filed for suspension of sentence and
grant of bail. It is only on one ground, that the appellants are in jail since
about 6 years and they have already undergone about more than half of
the sentence imposed upon them. Because of the Corona pandemic, the
safety of the appellants in jail is compromised, therefore, it is prayed that
their sentence of imprisonment may be suspended and they may be
granted bail.
Reliance has been placed on the judgment of Supreme Court in
the case of Bhim Singh Vs. Union of India reported in 2015 (13) SCC
605.
Learned State counsel opposes the submissions and submits that
the appellants do not have a good case on merits and further there is
already order passed by this Court for urgent listing of this appeal for
final hearing, hence, the application may be rejected.
I have heard the learned counsel for the parties and perused the
record of the trial Court.
Considered on the submissions. After perusal of the record of the
evidence and the record of the trial Court against these applicants, I am
of this view that this is not a fit case for suspension of sentence and
grant of bail. The direction that was issued by the Supreme Court in the
case of Bhim Singh Vs. Union of India (Supra) is with respect to
under-trial prisoners, who have undergone detention in jail of about half
the period of sentence of the maximum period of imprisonment, which
may be imposed upon them, whereas the appellants in this case are
undergoing jail sentence after conviction, therefore, that is not applicable
in this case, hence, after due consideration, this fourth application filed
by the appellants is rejected.
Accordingly, I.A. No.01/2021, application for suspension of
sentence and grant of bail, is rejected.
Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Monika
