Bhuneshwar Nishad & Another vs State Of Chhattisgarh
2022 Latest Caselaw 4488 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                            CRA No. 1320 of 2016
     1. Bhuneshwar Nishad S/o Shri Bhagwat Ram Nishad, Aged About 55 Years
        R/o Village Pond, Police Station Gurur, District Balod Chhattisgarh,
     2. Guharam Nishad, S/o Bhuneshwar Nishad, Aged About 30 Years R/o Village
        Pond Police Station Gurur, District Balod Chhattisgarh , District : Balod,
                                                                       ---- Appellants
                                    Versus

      State Of Chhattisgarh Through Police Station Gurur, District Balod
       Chhattisgarh
                                                                     ---- Respondent

Division Bench:-

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

14/07/2022 Shri Vipin Tiwari, counsel for the Appellants.

Shri Arijit Tiwari, Panel Lawyer for the State/Respondent. Heard on I.A. No.1/2022, which is the third bail application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to Appellant No.1- Bhuneshwar Nishad.

By impugned judgment of conviction and order of sentence dated 13.07.2016, passed by the Special Judge, under Electricity Act, 2003, Balod, District Balod(CG) in Special Case No.06/2015, the Appellant along with co-accused, has been convicted for the offence punishable under Sections 304/34 of IPC and Section 139 of the Electricity Act and sentenced to undergo imprisonment for life with fine of Rs.3,000/-, in default of payment of fine to further undergo R.I. for 3 months; and fine of Rs.5,000/-, in default of payment of fine to further undergo R.I. for 5 months, respectively.

First bail application of the Appellant was dismissed for want of prosecution on 11.05.2017 and his second bail application was rejected on merits vide order dated 15.11.2018. We have heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and further considering that the second bail application of the Appellant was rejected on merits, we do not consider it to be a fit case for suspension of sentence and grant of bail to Appellant No.1- Bhuneshwar Nishad.

The application(I.A.No.1/2022) is accordingly rejected. However, the Appellant is at liberty to file urgent hearing application to expedite the hearing of the matter.

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




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