Tihar Say @ Guddu vs State Of Chhattisgarh
2022 Latest Caselaw 4485 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 1556 of 2015

      Tihar Say @ Guddu S/o Kalapnath Aged About 35 Years R/o Village
       Hansdand, Thana Lakhanpur, Distt. Sarguja, Chhattisgarh.
                                                                          ---- Appellant
                                     Versus

      State Of Chhattisgarh Through The Police Station Lakhanpur, Distt. Surguja,
       Chhattisgarh.
                                                                       ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Honb'le Shri Justice Sanjay S. Agrawal

14/07/2022 Shri Samir Singh, counsel for theAppellant.

Shri Ishan Verma, Panel Lawyer for the State/Respondent. Heard on I.A. No.2/2022, an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the Appellant.

By impugned judgment of conviction and order of sentence dated 29.09.2015, passed by the 3 rd Additional Sessions Judge, Ambikapur, District Sarguja(CG) in S.T. No.338/2013, the Appellant has been convicted for the offence punishable under Sections 302 and 307 of the IPC and sentenced to undergo life imprisonment with fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for 1 year; and rigorous imprisonment for five years with fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for 1 month with a direction to run the sentences concurrently.

Learned counsel for the Appellant submits that the Appellant has been falsely implicated in the case and he is not involved in commission of the offence. He further submits that the Appellant is in jail since 25.08.2013, therefore, he may be enlarged on bail.

On the other hand, learned counsel for the State opposes the bail application on the submission that PW-2, Jhunni Bai, who is wife of the deceased, has clearly stated regarding the assault made by the Appellant with axe(Tangi) on the head of her husband and the Appellant has also assaulted her.

We have heard learned counsel for the parties. Considering the facts and circumstances of the case and further considering the statement of PW2- Jhunni Bai, wife of the deceased and other evidence available on record, we do not find it to be a fit case for suspension of sentence and grant of bail to the Appellant.

The application(I.A.No.2/2022) is accordingly rejected. As the Appellant is in jail since 25.08.2013, the matter be listed for final hearing in the month of October, 2022.

                         Sd/-                              Sd/-
                (Sanjay K. Agrawal)               (Sanjay S. Agrawal)
                     JUDGE                              JUDGE




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