Dasharathi Sawara vs State Of Chhattisgarh
2021 Latest Caselaw 3749 Chatt

                                                                                 NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 1244 of 2018

  • Dasharathi Sawara, S/o Ghasiram Sawara, aged about 35 years, R/o villge -
    Gardhih, P.S. - Saliha, District Baloda Bazar Bhatapara (C.G.)

                                                                         ---- Appellant

                                          Versus

  • State of Chhattisgarh Through : Police Station - Saliha, District Baloda Bazar
    Bhatapara (C.G.)

                                                                         --- Respondent

16/12/2021 Mr. Hemant Gupta, counsel for the appellant.

Mr. Raghavendra Verma, G.A.

Heard on I.A. No.01/2021, which is second application for suspension of sentence and grant of bail to the appellant.

First bail application of the appellant was dismissed as withdrawn by this Court vide order dated 06.12.2018.

By the impugned judgment dated 06.08.2018 passed by 2nd Additional Sessions Judge, Baloda Bazar, District Baloda-Bazar Bhatapara (C.G.) in Sessions Trial No.20/2018, appellant stands convicted under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life with fine of Rs.1,000/-, plus default stipulation.

Learned counsel for the appellant would submit that there is no eye-witness to the incident and the entire case of prosecution is based on circumstantial evidence. Learned counsel would further submit that the death of deceased cannot be attributed to the appellant in view of statement of Jagmohan Sawara (PW/2), who in cross-examination, admitted that he had assaulted the deceased and the police had also arrested him for one day, thereafter he was made a prosecution witness. Learned counsel would submit that the witnesses to memorandum and seizure are not reliable. Learned counsel would argue that FSL report does not show that human blood was found on the weapon of offence i.e Tangia. Last but not the least submission is that the appellant is in jail since 03.01.1998 and there is no likelihood of his appeal being decided in near future, therefore, the appellant may be released on bail.

On the other hand, learned State counsel opposes the bail application.

Heard learned counsel for the parties and perused the material on record.

Having heard learned counsel for the appellant, we are not inclined to suspend the jail sentence imposed against the appellant in view of the evidence of Jagmohan Sawara (PW/2), who has specifically stated in examination-in-chief that the appellant caused death of his father.

Accordingly, I.A.No.01/2021 is rejected.

Learned counsel for the appellant may approach before the regular Bench having roster for early hearing of the appeal.

                 Sd/-                                  Sd/-
         (Goutam Bhaduri)                      (Rajani Dubey)
              Judge                                 Judge
pekde