Manaram vs State Of Chhattisgarh
2022 Latest Caselaw 5346 Chatt

                                             1
                                                                          CRA No. 460 of 2018



                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                  CRA No. 460 of 2018

  Manaram S/o Bhuvneshwar Sahu, aged about 30 years, R/o Village Jhitki, Police out
    post Komakhan, Police Station Bagbahra, District Mahasamund, C.G.

                                          Versus

  State Of Chhattisgarh, through the Police Station Bagbahra, (Ajak), District
    Mahasamund, C.G.

    Division Bench:-

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




23.08.2022         Mr. Vineet Kumar Pandey, counsel for the appellant.

                   Mr. Afroz Khan, PL 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 19.02.2018 passed by the Special

Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, District Mahasamund, C.G. in Special (Atrocities) Sessions Trial No.H-

15/2016 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.1000/-, in default of payment of fine additional R.I. for six months.

The appellant has challenged the same in this appeal.

CRA No. 460 of 2018

Mr. Vineet Kumar Pandey, 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 16.06.2016, therefore, application may be allowed

and the appellant may be released on bail.

Per contra, Mr. Afroz Khan, learned State counsel, opposes the

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

basis of statement of eye witnesses Bhuri Bai (PW-3) & Babli Bai (PW-10)

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 statement of eye witnesses Bhuri Bai

(PW-3) & Babli Bai (PW-10) and further considering the other materials

available on record, we are not inclined to grant bail to the present

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

However, hearing of the appeal be expedited as the appellant is in

jail since 16.06.2016.

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

Ankit