Chattisgarh High Court
Umesh Bhagat vs State Of Chhattisgarh on 4 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1509 of 2018
1. Umesh Bhagat S/o Sanak Sai Aged About 24 Years R/o Kevtindand, Bataikela,
Police Station- Kansabel, District- Jashpur, Chhattisgarh.
2. Kishore Bhagat S/o Majhi Bhagat Aged About 45 Years R/o Kevtindand,
Bataikela, Police Station- Kansabel, District- Jashpur, Chhattisgarh.
3. Jubel Tigga S/o Doyo Ram Aged About 50 Years R/o Kevtindand, Bataikela,
Police Station- Kansabel, District- Jashpur, Chhattisgarh. ---- Appellants
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station-
Kansabel, District- Jashpur, CG. ---- Respondent
04-08-2021 Mr. Sanjeev Kumar Sahu, counsel for the appellant/s.
Mr. Subham Verma, PL for the State/respondent.
Heard on I.A. No. 01/2018 application for suspension of sentence
and grant of bail.
The appellant have been convicted under the impugned judgment of
conviction and order of sentence dated 31.08.2018 passed by the
Sessions Judge Jashpur, District Jashpur, CG in S.T. No. 16/2018.
Learned counsel for the appellant would argue that the conviction of
the appellant is founded on weak and doubtful circumstantial evidence of
recovery of blood stained knife alleged to be used for killing deceased
Safiya and Akash and recovery of stolen property documents, whereas the
evidence of independent witnesses of memorandum and seizure
Samarjeet Chand (PW-3) and Safiulla (PW-7) is not coherent and there
are contradictions raising doubt. He would submit that the FSL report
regarding presence of blood of particular group and origin in the clothes of
the appellant Umesh Bhagat and knife alleged to be seized at the instance
of Kishore is also doubtful. Learned counsel for the appellant would also
argue that as far as appellant Jubel is concerned, except his name
mentioned in the memorandum, no evidence has been collected against
him to involve him and therefore, as far as Jubel is concerned, It is a case
of no evidence.
On the other hand, learned State counsel would submit that the
memorandum of appellant Kishore and appellant Umesh were recorded in
which they disclosed that both of them along with Jubel entered the house
of the deceased and committed murder of Safiya and Akash and
thereafter, they looted Rin Pustika and other documents were kept in the
premises of Umesh and the knife was also hided at a particular place and
on the basis of the said memorandum aforesaid articles were seized. The
cloths, knife and articles seized were found to be stained with human
blood of particular group and origin.
Considering the submission of learned counsel for the parties,
particularly taking into consideration the material evidence on the basis of
which conviction has been ordered, as far as application of appellant
Umesh and appellant Kishore is concerned, their bail application are
rejected.
Considering the submission that there is no circumstantial evidence
of recovery of stolen articles, knife nor there is any evidence collected to
the effect that the clothes of the appellant Jubel was found to be stained
with human blood, application of Jubel is allowed.
Substantive jail sentence imposed on the appellant Jubel shall
remain suspended during the pendency of the appeal and he shall be
released on bail furnishing a personal bond of Rs. 25,000/- with two local
sureties of the like amount to the satisfaction of the concerned trial Court,
for his appearance before the concerned trial Court on 06th September,
2021 and all such further dates as may be directed by the said Court,
interval being not less than 6 months, till final disposal of this appeal.
Post the appeal for final hearing.
Certified copy as per rules.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Pawan Prajapati
