Ishahak @ Ishak @ Lomadi vs State Of Chhattisgarh
2022 Latest Caselaw 5599 Chatt

                                               1
                                                                         CRA No. 1148 of 2018



                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                   CRA No. 1148 of 2018

Ishahak @ Ishak @ Lomadi S/o Filip Kujur, aged about 30 years, R/o Village Basantala,
Beltoli, P.S. Narayanapur, District Jashpur, C.G.

                                           Versus

State Of Chhattisgarh, through Station House Officer, Police Station : Narayanapur, District
Jashpur, C.G.

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sachin Singh Rajput




 07.09.2022          Mr. Arun Kumar Shukla, counsel for the appellant.

                     Mr. Sudeep Verma, Dy. G.A. for the State / respondent.

Heard on I.A. No.2/2018, application for suspension of sentence

and grant of bail.

By the impugned judgment and order of sentence dated

18.04.2018 passed by the Additional Sessions Judge, Kunkuri District

Jashpur, C.G. in Sessions Trial No.55/2016, the appellant has been

convicted as under :-

                         Conviction                         Sentence

                Under Section 302 of IPC       Imprisonment of life and fine of

Rs.1000/-, in default of payment of fine further R.I. for 1 year;

CRA No. 1148 of 2018

Under Section 450 of IPC R.I. for 5 years and fine of Rs.500/-, in default payment of fine further R.I. for 6 months;

Under Section 326 of IPC R.I. for 5 years and fine of Rs.500/-, in default of payment of fine further R.I. for 6 months.

Mr. Arun Kumar Shukla, learned counsel for the appellant, submits

that the appellant has falsely been implicated in crime in question and

he has been convicted by recording a finding which is perverse to the

record. He is in custody since 18.08.2016, therefore, application may be

allowed and appellant may be released on bail.

Per contra, Mr. Sudeep Verma, learned State counsel, opposes

the prayer raised by learned counsel for the appellant and submits that

on the basis of statement eye witnesses Subedar Bhagat (PW-1), Ku.

Sarita Bai (PW-5) & Shravan Ram (PW-7) the concerned trial Court has

rightly convicted the present appellant and, as such, the bail application

of the appellant deserves to be rejected.

We have heard learned counsel for the parties considered their

rival submissions and also perused the records with utmost

circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering statement of eye

witnesses Subedar Bhagat (PW-1), Ku. Sarita Bai (PW-5) & Shravan

Ram (PW-7) and further considering the other evidence available on

CRA No. 1148 of 2018

record, we are not inclined to grant bail to the present appellant.

Accordingly, I.A. No.2/2018 is rejected.

However, hearing of the appeal be expedited as the appellant is in

jail since 18.08.2016.

                       Sd/-                                 Sd/-
                 (Sanjay K. Agrawal)               (Sachin Singh Rajput)
                       Judge                               Judge




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