Loknath Nagesh vs State Of Chhattisgarh
2022 Latest Caselaw 642 Chatt

                                            1

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                               CR.A. No. 1181 of 2021

Loknath Nagesh, S/o. Fagnu Nagesh, aged about 28 years, Caste - Mahra, R/o.
Village Dhodharepal, Awas Plotpara, P.S. Kotwali, Jagdalpur, District Bastar
Chhattisgarh.

                                                                         ---- Appellant

                                        Versus

State of Chhattisgarh, Through : The District Magistrate, District Bastar
Chhattisgarh.

                                                                      ---- Respondent

Mr. M.P.S. Bhatia, counsel for the appellant. 07/02/2022 Mr. Himanshu Sharma, P.L. for the State.

Heard on I.A. No.1, application under Section 389 of Cr.P.C.

for suspension of sentence and grant of bail.

Appellant has been convicted by the judgment of conviction

and order of sentence dated 07.09.2021, passed in S.T.

No.02/2020, by the learned Sessions Judge, Bastar at Jagdalpur,

District- Bastar (C.G.) in the following manner :-

U/s. 302 of the Indian Penal : Imprisonment for life and fine of Code. Rs.1,000/- and in default of payment of fine, further undergo 3 months rigorous imprisonment more.

Learned counsel appearing for the appellant would submit

that the conviction of the appellant is based on the untrustworthy

and unreliable evidence of witnesses of Abhidan Besra (P.W.3),

Ludras Besra (P.W.-4) and Kundan Besra (P.W.-7), who have

clearly made admissions in their cross-examination about delayed

recording of their statements under Section 161 of Cr.P.C. The

appellant is in jail since 05.09.2019 and there is likelihood of delay

in hearing the appeal finally. Therefore, it is prayed that the

sentence awarded to the appellant may be suspended and he may

be enlarged on bail.

Per contra, the learned State counsel opposes the prayer for

suspension of sentence and grant of bail. The prosecution has

proves its case beyond all reasonable doubt. It is submitted that the

learned trial Court has not committed any error in convicting the

appellant for the offence as mentioned here-in-above. Hence, the

application be rejected.

We have heard the learned counsel for the parties and

perused the records of the trial Court.

Considered on the submissions. Taking into consideration

the statement of eye-witnesses Abhidan Besra (P.W.3), Ludras

Besra (P.W.-4) and Kundan Besra (P.W.-7), we are of the

considered view that it is not a fit case to suspend the sentence and

release the appellant on bail.

Accordingly, I.A. No.1, application for suspension of sentence

and grant of bail, is rejected.

List this case for final hearing in due course.

At the request made by the learned counsel for the appellant,

liberty is granted to file repeat application for suspension of

sentence and grant of bail after completion of two years of jail

sentence from today, in case, the appeal is not heard finally.

                      Sd/-                                Sd/-
               (R.C.S. Samant)                   (Arvind Singh Chandel)
                    Judge                                Judge




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