Ranjit @ Mantu vs State Of Chhattisgarh
2022 Latest Caselaw 7577 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                   CRA No. 941 of 2018

  • Ranjit @ Mantu S/o Kailash Aged About 27 Years Caste Rautiya, R/o Village
    Talasili, Chowki- Sonkyari, Police Station Sanna District Jashpur Chhattisgarh.

                                                                            ---- Appellant

                                             Versus

  • State of Chhattisgarh Through The Station House Officer, Police Station Sanna
    District Jashpur Chhattisgarh.

                                                                          ---- Respondent

14.12.2022 Mr. Sanjeev Kumar Sahu, counsel for the Appellant.

Mr. Sanjay Pathak, PL for the State.

Heard on I.A. No. 01/2021 which is a repeat application for

suspension of sentence and grant of bail to the appellant. His

earlier bail application was dismissed as withdrawn on

29.11.2018 and liberty was reserved in favour of appellant to

revive the same at an appropriate stage.

By the impugned judgment dated 13.06.2018 passed by the

learned Sessions Judge, Jashpur, District Jashpur (C.G.) in Sessions

Trial No. 10/2018, the appellant stands convicted and sentenced

as under:-

                  Conviction                              Sentence

             U/s 449 of IPC           R.I. for 10 years and fine of Rs. 500/- with
                                      default stipulation.
       U/s 302 of IPC         Life imprisonment and fine of Rs. 1,000/-
                             with default stipulation.

Learned counsel for the appellant would submit that the

appellant has been convicted only on the basis of presumption

and there appears material contradiction in the statements of

Smt. Luru Bai (PW-1), who is the eye-witness and therefore, the

conviction is unsustainable. As the appellant is in jail since

October 2017, he may be enlarged on bail.

On the other hand, learned State counsel opposes the

application for suspension of sentence and grant of bail.

We have perused the statement of Smt. Luru Bai (PW-1) and

also Dr. Sunil Kumar Lakra (PW-12).

Having considered the facts and circumstances of the case

and, prima facie, taking into consideration the statement of Smt.

Luru Bai (PW-1) under Section 161 Cr.P.C., though it was not

confronted, we are not inclined to grant bail to the appellant.

Accordingly, I.A. No. 01/2021 is rejected.

            Sd/-                                         Sd/-
        (Goutam Bhaduri)                          (Rajani Dubey)
              Judge                                      Judge




V/-