Babla @ Babulal Mahant And Ors vs State Of Chhattisgarh
2022 Latest Caselaw 7083 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                CRA No. 1062 of 2013

 1. Babla @ Babulal Mahant, S/o Kurhardas Mahant, Aged About 46 Years,

 2. Sanjay Mahant, S/o Ghurvind Das @ Vishwanath Mahant, Aged About 37
    Years,

 3. Vishnudas Mahant, S/o Kurhardas Mahant, Aged About 53 Years,

    All R/o Village         Junadih   Lailunga,   PS   Lailunga,   District    :   Raigarh,
    Chhattisgarh.

                                                                       ---- Appellants

                                        Versus

  • State of Chhattisgarh Through The Distt. Magistrate, Raigarh, District-
    Raigarh, Chhattisgarh.

                                                                     ---- Respondent

24/11/2022 Mr. Ashutosh Singh Kachhwaha, Counsel for the appellants.

Mr. Rahul Jha, G.A. for the State.

Earlier bail applications of the appellants have been rejected on merits on 20.08.2014, 10.02.2015 and again on 17.05.2019 by this Court.

Heard on I.A. No.6/2022 which is an application for suspension of sentence and grant of bail to the appellant No.2.

By the impugned judgment dated 01.10.2013 passed by the learned Additional Sessions Judge (F.T.C.) Raigarh, District- Raigarh (C.G.) in Sessions Trial No. 96/2012, the appellants have been convicted and sentenced as under:-

Conviction Sentence

U/s 302 of IPC Imprisonment for life and to pay fine of Rs.10,000/- in default of payment of fine to further undergo R.I. for six months

U/s 120B of IPC R.I. for ten years and to pay fine of Rs.5,000/-, in default of payment of fine to further undergo R.I. for four months

Present application has been filed primarily on the ground of the period of more than 10 years that appellant No.2 has undergone in custody.

Learned counsel for the appellants submits that the appellant No. 2- Sanjay Mahant is in jail since 07.02.2012 and as such, he is behind the bars for more than 10 years & 9 months. There is no possibility of the appeal being heard at the earliest as of now, and therefore, taking into consideration the period of jail sentence undergone, the Appellant No. 2- Sanjay Mahant may be released on bail upon suspending the jail sentence.

Learned State counsel, on the other hand, submits that except for the delay part, the applications for suspension of jail sentence have already been rejected thrice by this Court and it is also the case where there is direct evidence available on record so far as the appellant No.2 is concerned.

Having heard the contentions put forth on either sides and taking into consideration the recent observations made by Hon'ble Supreme Court in the case of Sonadhar Vs. State of Chhattisgarh decided on 06.10.2021 and also considering the fact that appellant No.2 has undergone jail sentence for a period of 10 years and 9 months, we are of the considered opinion that only on the ground of the period of custody undergone, the Appellant No.2 deserves to be released on bail.

Accordingly, the application (I.A. No.6/2022) is allowed.

It is directed that the substantive sentence of the appellant No.2 shall remain suspended during the pendency of the appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with two sureties of the like sum to the satisfaction of the trial Court for his appearance before the trial Court on 18.01.2023 and on all further dates to be provided by the trial Court till the disposal of the appeal.

List this appeal for final hearing in due course.

                     Sd/-                                   Sd/-
              (P. Sam Koshy)                           (Rajani Dubey)
                   Judge                                    Judge




Ruchi