Rupesh Ghasi vs State Of Chhattisgarh
2021 Latest Caselaw 2134 Chatt

                                                                                    NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet

                               CR.A. No. 924 of 2017
   Rupesh Ghasi S/o Parmanand Ghasi, Aged About 21 Years Caste Ghasi, R/o
   Village Dipatoli, Police Station Jashpur, District Jashpur, Chhattisgarh
                                                                          --- Appellant
                                        Versus
   State of Chhattisgarh, Through The Station House Officer, Police Station Jashpur,
   District Jashpur, Chhattisgarh
                                                                        ---Respondent

03.09.2021 Mr. J.K. Saxena, Counsel for the Appellant.

Mr. Alok Nigam, G.A. for the State.

Heard on I.A. No.1/2021 repeat application for suspension of sentence and grant of bail to the appellant.

This is a third bail application filed by the appellant for suspension of sentence and grant of bail. The first bail application was dismissed as withdrawn on 26.07.2017 and the second application was dismissed as withdrawn on 22.08.2019.

Appellant has been convicted by the judgment of conviction and order of sentence dated 28.04.2017, passed in S.T. No.49/2016 by the learned Sessions Judge, Jashpur, District- Jashpur (C.G.) in the following manner with a direction to run all the sentence concurrently:- U/s. 302/34 of the : Life Imprisonment and fine of Indian Penal Code. Rs.2000/- in default of fine of two months R.I.

Learned counsel appearing for the appellant would submit that the appellant has undergone about 5 years of jail and the appeal has not been listed for final hearing so far. The eye-witnesses namely Divasmati (PW-4), Prabhat Chand Sanyasi (PW-5) and Vinay Triki (PW-10) who has given statement against the appellant have enmity with the appellant, therefore, there made false statement in the Court and the other eye-witness Mo. Shahid Khan (PW-14) has not made any statement against the appellant, therefore, the conviction of this appellant is based on the statement of the witnesses which is doubtful, hence, the application be allowed and the appellant be granted bail.

Per contra, the learned State counsel opposes the prayer for suspension of sentence and grant of bail and submits that the case of the prosecution was proved beyond reasonable doubt. The eye witnesses namely Divasmati (PW-4), Prabhat Chand Sanyasi (PW-5) and V|inay Triki (PW-10) have clearly supported the prosecution case and therefore, the evidence has remained un-rebutted, therefore, the appellant does not entitle for grant of bail.

We have heard the learned counsel for the parties.

Considering the submission of learned counsel for the parties and particularly taking into consideration the evidence and material available by the trail Court we are of this considered opinion that present is not a fit case for suspension of sentence and grant of bail to the appellant, therefore, IA. No.01/2021 is rejected.

List this case for final hearing.

                        Sd/-                                         Sd/-
         (Rajendra Chandra Singh Samant)                  ( Vimla Singh Kapoor)
                     Judge                                         Judge

Yasmin