Chattisgarh High Court
Pradip Rahangdale vs State Of Chhattisgarh on 18 February, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1044 of 2019
• Pradip Rahangdale, S/o Sewak Ram Rahangdale Aged About 19 Years R/o Near
Gaurav Cycle Store, Premnagar, Gudhiyari, Post Office- Raipur, Police Station-
Gudhiyari, Raipur, District- Raipur, Chhattisgarh.
---- Appellant
Versus
• State Of Chhattisgarh Through The District- Magistrate, Raipur, District- Raipur,
Chhattisgarh.
---- Respondent
18/02/2022 Shri P.K.Patel, Counsel for the Appellant.
Shri Anmol Sharma, P.L. for the State/Respondent.
Heard I.A. No. 01/2021, application for suspension of
sentence and grant of bail. This is a repeat bail application. First
application for suspension of sentence and grant of bail i.e. I.A.
No.1/2019 was dismissed on 07/10/2020 with liberty to revive the
same after one year.
By the impugned judgment dated 31.05.2019 passed by the
Sessions Judge, Raipur, District Raipur, (C.G.), in Sessions Case
No.138/2018, appellant stands convicted for the offence
punishable under Sections 392/397 r/w Section 34 and Section
307 r/w Section 34 of the I.P.C. and sentenced to undergo R.I. for
7 years and fine amount of Rs.1,000/- and R.I. for 7 years and fine
amount of Rs.1,000/- respectively with default stipulations.
Sentences are directed to run concurrently.
Learned Counsel appearing for the appellant submits that
the appellant has been wrongly convicted by the trial Court without
there being any clinching evidence against him. He further submits
that victim i.e. Khilendra Sahu (PW-1) has sustained only one
injury on his vital part of the body i.e. chest. Appellant is in jail
since 08.03.2018 and he has completed about four years in jail out
of seven years imposed upon him by the trial Court. Therefore, it
is prayed that the sentence imposed upon the appellant may be
suspended and he may be released on bail.
On the other hand, learned Counsel appearing on behalf of
the State opposes the same and supports the judgment of
conviction. Referring to the statement of Dr. Abdul Wasim (PW-3),
learned State Counsel submits that the victim has sustained three
injuries on his body i.e. in chest and in back. Victim was also
hospitalized for about 20 days. Therefore, it is prayed that
application for suspension of sentence and grant of bail be
rejected.
Heard both the parties, perused the record of the Trial
Court, statement of the witnesses and other evidence available on
record.
Taking into consideration the arguments advanced by the
counsel for the parties, particularly considering the statements of
the witnesses and other evidence available on record, at this
stage, I am not inclined to release the appellant on bail.
Accordingly, I.A. No. 01/2021 is rejected. Consequently, I.A.
No.3/2022, application for urgent hearing is also disposed of.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Prakash
