Chattisgarh High Court
Devesh vs State Of Chhattisgarh on 22 June, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 310 of 2021
• Devesh S/o Gajanand Verma Aged About 18 Years R/o Sahupara, Gudhiyari,
District- Raipur, Chhattisgarh
---- Appellant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari,
District- Raipur, Chhattisgarh
---Respondent
22/06/2021 Mr. Pushkar Sinha, counsel for the appellant/s.
Mr. Ravish Verma, Dy. G.A. for the State/respondent.
Heard on application (I.A. No.1/21) for suspension of sentence
and grant of bail filed by appellant- Devesh.
The appellant has been convicted under the impugned judgment
of conviction and order of sentence dated 24.01.2020 passed by the II
Additional Judge to the Court of I Additional Sessions Judge, Raipur,
District- Raipur (C.G.) in Sessions Trial No.86/2019 for the offence as
follows :
Conviction Sentence
Under Section 302 read with Rigorous Imprisonment for life
149 of IPC and fine of Rs.20,000/-, and in
default of payment of fine
amount, S.I. for 1 year
separately.
Under Section 148 of IPC R.I. for 1 year and fine of
Rs.1,000/-, and in default of
payment of fine amount, S.I.
for 1 month separately.
Under Section 147 of IPC R.I. for 6 months and fine of
Rs.500/-, and in default of
payment of fine amount, R.I.
for 15 days separately.
Learned counsel for the appellant would argue that the
prosecution case of involvement of the present appellant- Devesh in the
alleged commission of offence is based exaggerated version of
eyewitnesses Yogesh Meshram (PW-3) and Aditya Lonharkar (PW-4)
because though these witnesses claimed to have seen the incident and
have come out with the evidence of all the accused assaulting the
deceased, followed by fatal assault given by the co-accused Kishan
Chandel (Juvenile), in the evidence of the witnesses and postmortem
report, only one stab injury has been found on the body of the deceased
and no other injury has been found. It is further submitted that as there
is no other injury, involvement of the present appellant in the alleged
incident is doubtful. He further submits that in the appeal filed by co-
accused Vikash Verma and Karan Rathore in CRA No.399 of 2020, jail
sentence of Vikas Verma and Karan Rathore has been suspended and
as the case of the present appellant- Devesh is identical as stated by
Yogesh Meshram (PW-3) and Aditya Lonharkar (PW-4), jail sentence of
the present appellant Devesh may also be suspended and he may be
granted bail.
On the other hand, learned State counsel would submit that
though only one injury has been found on the body of the deceased,
reliable evidence of Yogesh Meshram (PW-3) and Aditya Lonharkar
(PW-4) is to the effect that at the spot when the accused persons
arrived at, Rupesh Verma asked to assault the deceased and Monu
Porte caught him from behind and assault was given by Kishan
Chandel. It is submitted that even though no other injury has been
found on the body of the deceased, presence of other accused and
statement that some of them were holding weapons like cricket bat and
club involves them on the basis of common intention, therefore, he may
not be granted bail.
Having considered the submissions of learned counsel for the
parties, particularly taking into consideration that according to
prosecution witnesses, Rupesh Kumar Verma asked to assault, Monu
Porte caught the deceased from behind and Kishan Chandel is alleged
to have given stab injury and only one injury has been found on the
body of the deceased, case of the appellant appears to identical to that
of the Vikas Verma and Karan Rathore, who have already been granted
bail, present is a fit case for suspension of sentence and grant of bail.
Accordingly, application for suspension of sentence and grant of
bail of appellant- Devesh is allowed. It is directed that the substantive
jail sentence awarded to the appellant is suspended and he shall be
released on bail on his furnishing a personal bond of Rs.25,000/- along
with two local sureties of the like amount to the satisfaction of the Trial
Court, for his appearance before the concerned trial Court on
31.08.2021 and on all such further dates as may be directed by the
said Court, interval being not less than 6 months, during the pendency
of this appeal.
List the matter for final hearing along with CRA No.399 of 2020.
Certified copy as per rules.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Ravi
