Yashwant Kurre vs State Of Chhattisgarh
2021 Latest Caselaw 2415 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                          Cr.A. No.1142 of 2018

  •   Yashwant Kurre S/o Shri Jawahar Kurre Aged About 20 Years R/o- Village-
      Amtara, Satnami Mohalla, P.S.- Koni, District- Bilaspur, Chhattisgarh
                                                                           --- Appellant
                                Versus
  •   State Of Chhattisgarh Through- P.S. Civil Lines, District- Bilaspur,
      Chhattisgarh
                                                                          ---Respondent

20/09/2021 Mr. G.V. Kutumba, counsel for the appellant.

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

Heard on I.A. No.01/2021, an application for suspension of sentence and grant of bail.

This is third application filed for suspension of sentence and grant of bail. The first bail application was dismissed as withdrawn on 12.10.2018. The second application filed by the appellant was dismissed on merits on 10.05.2019.

Appellant has been convicted by the judgment of conviction and order of sentence dated 28.06.2018, passed in CIS & Sessions Case No.05/2018, by learned IV Additional Sessions Judge, District- Bilaspur, C.G. with a direction to run all the sentences concurrently in the following manner :-

                      Conviction                               Sentence
             U/s. 307 of Indian Penal Code.          R.I. for 07 years and fine of
                                                     Rs.500/- and in default of payment
                                                     of fine, additional R.I. for 03
                                                     months.
             U/s. 397 of Indian Penal Code.          R.I. for 07 years.
          U/s. 436 of Indian Penal Code.            R.I. for 07 years and fine of
                                                   Rs.500/- and in default of payment
                                                   of fine, additional R.I. for 03
                                                   months.

Learned counsel for the appellant submits that the conviction against the appellant is erroneous and against the provisions of law. The appellant has now completed about 4 years sentence in jail. As there is likelihood of delay in final listing of this case. Hence, it is prayed that this appellant may be enlarged on bail.

Learned State counsel opposes the submissions and submits that the earlier application has been already dismissed on merits, therefore, this application is not fit to be considered.

I have heard learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions. As previous application of this appellant has been dismissed on merits, therefore, I do not find any reason to allow this application. Therefore, this application is also dismissed. The appellant is also at liberty to file application for urgent listing of this case for final hearing.

Accordingly, I.A. No.01/2021, application for suspension of sentence and grant of bail, is rejected.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Monika