Akhilesh Vishwakarma And Others vs State Of Chhattisgarh
2022 Latest Caselaw 7241 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRA No. 199 of 2020
  1. Akhilesh Vishwakarma S/o Sarju Vishwakarma, Aged About 30 Years, Resident of
     Village - Chorka Kachhar, Ambikapur, District - Surguja Chhattisgarh, District :
     Surguja (Ambikapur), Chhattisgarh
  2. Ramesh Dewangan S/o Vipta Ram Panika, Aged About 24 Years, Resident of
     Savtar, Police Station - Pratappur, District - Surajpur Chhattisgarh, District :
     Surajpur, Chhattisgarh
  3. Ramesh @ Guddu Vishwakarma S/o Sarju Vishwakarma, Aged About 28 Years,
     Resident of Chorka Kachhar, Ambikapur, District - Surguja Chhattisgarh, District :
     Surguja (Ambikapur), Chhattisgarh
  4. Usha Vishwakarma W/o Akhilesh Vishwakarma, Aged About 28 Years, Resident of
     Village Chorka Kachhar, in front of Sanjay Park, Ambikapur, District - Surguja
     Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
                                                                         ---- Appellants
                                          Versus

    State Of Chhattisgarh Through The Station House Officer, Police Station -
     Ambikapur, District - Surguja Chhattisgarh, District : Surguja (Ambikapur),
     Chhattisgarh
                                                                        ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Rakesh Mohan Pandey

02-12-2022 Mr. R.V. Ram Rajwade, counsel for the appellants.

Mr. Sudeep Verma, Deputy Govt. Advocate for the State / respondent.

Heard on I.A.No.1/2022, application for suspension of sentence and grant of bail to appellants No.1 and 2.

The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 20-01-2020 passed in S.T. No.21/2017 by the Fifth Sessions Judge, Ambikapur, District Surguja (C.G.). By the impugned judgment appellant No.1 Akhilesh Vishwakarma and appellant No.2 Ramesh Dewangan have been convicted and sentenced in the following manner:-

Sl. No. Conviction Sentence

1. U/s 302/34 of the IPC Imprisonment for life and fine of Rs.1000-1000/-, in default of payment of fine 6-6 months additional imprisonment.

2. U/s 201/34 of the IPC R.I. for 3-3 years and fine of Rs.1000-1000/-, in default of payment of fine 1-1 months additional R.I.

Both the jail sentences have been directed to be run concurrently. Learned counsel for appellants submits that this is second application on behalf of appellants No.1 and 2 for suspension of sentence and grant of bail. The first bail application of these appellants was dismissed as withdrawn by order dated 18-08-2021, whereas, by same order, this Court has granted bail to the appellants No.3 and 4. Appellants No.1 and 2 are in jail since 01-11-2016 and they have been served more than 5 years jail sentence. Therefore, it is prayed that appellants No.1 and 2 may be enlarged on bail.

On the other hand, Mr. Sudeep Verma, Deputy Govt. Advocate appearing for the State/respondent opposes the application.

Considering the evidence available on record in view of the finding recorded by the trial Court, we are not inclined to allow the application for suspension of sentence and grant of bail to appellants No.1 and 2.

Accordingly, I.A.No.1/2022, application for suspension of sentence and grant of bail to appellants No.1 and 2 is rejected.

                          Sd/-                                    Sd/-

                 (Sanjay K. Agrawal)                    (Rakesh Mohan Pandey)
                       Judge                                    Judge
Aadil