Satish Gardiya vs State Of Chhattisgarh
2022 Latest Caselaw 5341 Chatt

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                                                                         CRA No. 1370 of 2021



                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                 CRA No. 1370 of 2021

  Satish Gardiya S/o Charles Gardiya, aged about 49 years, R/o Village Gerrabhatha,
     Police Station Basna, District Mahasamund, C.G.

                                         Versus

    State Of Chhattisgarh, through Station House Officer, Police of Police Station -
     Tendukona, District Mahasamund, C.G.

     Division Bench:-

     Hon'ble Shri Justice Sanjay K. Agrawal &
     Hon'ble Shri Justice Sachin Singh Rajput




23.08.2022         Mr. Anil Gulati, counsel for the appellant.

                   Mr. Ashish Tiwari, G.A. for the State / respondent.

Heard on I.A. No.1/2021, application for suspension of sentence and

grant of bail.

By the impugned judgment dated 08.07.2021 passed by the

Additional Sessions Judge, Fast Track Court, Mahasamund, District

Mahasamund, C.G. in Sessions Trial No. 03/2019 the present appellant

has been convicted for the offence under Section 302 of IPC and

sentenced to undergo imprisonment for life & pay fine of Rs.2000/-, in

default of payment of fine additional R.I. for one month. The appellant has

challenged the same in this appeal.

CRA No. 1370 of 2021

Mr. Anil Gulati, learned counsel for the appellant, submits that the

appellant has falsely been implicated in crime in question and he has been

convicted by recording a finding which is perverse to the record. He is in

custody since 02.10.2018, therefore, application may be allowed and the

appellant may be released on bail.

Per contra, Mr. Ashish Tiwari, learned State counsel, opposes the

prayer made by learned counsel for the appellant and submits that on the

basis of statement of eye witnesses Shashi Das (PW-1), Neetu Das (PW-

2), Pradhan Sona (PW-3) & Kiran Sona (PW-4) the learned trial Court has

rightly convicted the appellant for the aforesaid offence and, as such, the

bail application of the appellant deserves to be rejected.

We have heard learned counsel for the parties and considered their

rival submissions and also perused the records with utmost circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and particularly statement of eye witnesses

Shashi Das (PW-1), Neetu Das (PW-2), Pradhan Sona (PW-3) & Kiran

Sona (PW-4) and further considering the other evidence available on

record, we are not inclined to grant bail to the present appellant.

Accordingly, I.A. No.1/2021, is rejected.

                       Sd/-                                      Sd/-
               (Sanjay K. Agrawal)                     (Sachin Singh Rajput)
                     Judge                                     Judge


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