Parasmani Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3671 Chatt

                                                                                              NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                Criminal Appeal No. 675 of 2019

  1. Parasmani Sahu S/o Bisruram Sahu Aged About 25 Years R/o Village - Dhetha, Chowki
     - Birejhar, Police Station Kurud, District Dhamtari Chhattisgarh.

  2. Dhalchand Sahu @ Dhalu S/o Bisruram Sahu Aged About 30 Years R/o Village -
     Dhetha, Chowki - Birejhar, Police Station Kurud, District Dhamtari Chhattisgarh.

  3. Smt. Renuka Sahu W/o Dhalchand Sahu Aged About 27 Years R/o Village - Dhetha,
     Chowki - Birejhar, Police Station Kurud, District Dhamtari Chhattisgarh.

                                                                                       ---- Appellants

                                             Versus

   • State Of Chhattisgarh Through The District Magistrate, Dhamtari, District Dhamtari
     Chhattisgarh.

                                                                                   ---- Respondent

13/12/2021 Shri Pragalbha Sharma, Counsel for the Appellants.

Shri Ravish Verma, G.A. for the State/Respondent. Heard I.A. No. 01/2020, application for suspension of sentence and grant of bail of appellant No.1&2.

This is the repeat bail application. First application i.e. I.A. No.1/2019 was earlier dismissed as withdrawn with regard to appellant No.1 & 2 on 28/8/2019.

By the impugned judgment dated 08/04/2019 passed by the Additional Sessions Judge, Kurud, Dhamtari, (C.G.), in Sessions Case No.13/2018, appellant No.1 and 2 stand convicted for the offence punishable under Sections 304B/34 of the I.P.C. and sentenced to undergo R.I. for 7 years and fine of Rs.1,000/- each, with default stipulations.

Learned Counsel appearing for the appellants submits that the appellants have been wrongly convicted by the trial Court without there being any clinching evidence against them. Referring to the different paragraphs of the statement of father of the deceased namely Chunuram (PW1), he submits that on perusal of the said statement, it is well-established that neither at the time of engagement nor at the time of marriage, demand of dowry was made by the appellant or by his family members. There are material contradictions and omissions occurred in the statements of Chunuram (PW1) and Rekha Bai (PW3). He further states that other co-accused person i.e. Smt. Renuka Sahu (appellant No.3) has already been granted bail by this Court vide order dated 28/08/2019. Appellant No.1 & 2 are in jail since 22.01.2018. Therefore, it is prayed that the sentence imposed upon the appellants No.1&2 may be suspended and they may be released on bail.

On the other hand, learned Counsel appearing on behalf of the State opposes the same and supports the judgment of conviction.

Heard both the parties, perused the record of the Trial Court, statements of the witnesses and other annexed documents minutely.

Considering the facts and circumstances of the case, evidence adduced by the prosecution and particularly on perusal of statement of father of the deceased Chunuram (PW1), I am not inclined to grant bail to appellant No.1 & 2.

Accordingly, I.A. No. 01/2020 is rejected.

Post the matter for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Prakash