Bodo Korwa vs State Of Chhattisgarh
2022 Latest Caselaw 7182 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                      CRA No. 145 of 2020

         Bodo Korwa S/o Shri Kenda Korwa Aged About 45 Years R/o Caste Pahadi
          Korwa, Village - Chitalata, Parsadhaba, Police Station - Lundra District - Sarguja
          Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

                                                                              ---- Appellant

                                             Versus

         State Of Chhattisgarh Through District - Magistrate, Sarguja District - Sarguja
          Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh


                                                                           ---- Respondent

30.11.2022 Shri. Dheerendra Pandey, Counsel for the Appellant.

Shri. Priyanshu Gupta, P.L. for the State/Respondent.

Heard on I.A. No. 02, a repeat bail application for suspension of sentence

and grant of bail to the appellant.

First bail application was dismissed on merits vide order dated

30.09.2020.

By the impugned judgment dated 20.12.2019 passed by the Learned 7 th

Additional Sessions Judge, Sarguja, District - Sarguja, (C.G.) in S.T.

No.19/2019, the appellant stands convicted and sentenced as under:-

                 Conviction                    Sentences                        Default

         Under Section 304 Part II Rigorous Imprisonment of        In default of payment of
         of the Indian Penal Code     07 years, with fine of Rs. fine     amount,        additional
                                      500/-                       rigorous imprisonment for
                                                                  three months.

Learned counsel for the appellant would submit that the appellant is in

jail since 09.11.2018 and he has already completed more than 4 years of jail

sentence out of his total jail sentence of seven years, therefore, it is prayed that

he may be released on bail.

On the other hand State counsel opposes the arguments advanced by

counsel for the appellant.

I have heard learned counsel appearing for the parties and perused the

material available on record.

Considering the facts and circumstances of the case, particularly

considering the fact that earlier the bail application was dismissed on merits

and further that the appellant has committed homicidal death of his wife and

only on the ground of detention, I am not inclined to grant bail to the appellant.

Accordingly, I.A. No.02 is rejected.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

yasmin