Ghanshyam Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 1080 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRA No. 837 of 2019

                   Ghanshyam Sahu & Ors. Versus State Of Chhattisgarh

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Radhakishan Agrawal




 20.02.2023         Mr. Sanjeev Kumar Sahu, counsel for the appellants.


                    Mr. Neeraj Pradhan, PL for the State/respondent.

Heard on I.A. No.1, application for suspension of sentence and

grant of bail.

By the impugned judgment of conviction and order of sentence

dated 26.04.2019 passed by the Sessions Judge Uttar Bastar, Kanker

(C.G.) in Sessions Trial No.23/2018, the appellants have been

convicted as under:-

              Conviction (against all the          Sentence (against all the
                     appellants)                         appellants)

Under Section 302/34 of the Imprisonment for life and fine of IPC ₹ 1000/-

Under Section 201/34 of the Rigorous imprisonment for 4 years IPC and fine of ₹ 1000/-; in default of payment of fine six months additional rigorous imprisonment.

Mr. Sanjeev Kumar Sahu, learned counsel for the appellants,

submits that the appellants have falsely been implicated in crime in

question and they have been convicted by recording a finding which is

perverse to the record. In support of his case he cited the decisions of

the Supreme Court passed in the matters of Mani v. State of Tamil

Nadu 1 and Balwan Singh v. State of Chhattisgarh & Anr. 2. He

further submits that appellants are in custody since 20.09.2018,

therefore, application may be allowed and appellants may be released

on bail.

Per contra, Mr. Neeraj Pradhan, learned State counsel, opposes

the prayer raised by learned counsel for the appellants and submits

that on the basis of statement of Deekesh Baghel (PW-2) and on the

basis of FSL report (Ex.P/42) in which on seized articles i.e. axe and

clothes (full pants and shirts) of the appellants human blood has been

found, the learned trial Court has rightly convicted the present

appellants and, as such, the bail application of the appellants deserves

to be rejected.

We have heard learned counsel for the parties, considered their

rival submissions made herein-above 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 the statement of

1 2008 (3) C.G.L.J. 352 (SC) 2 2019 (7) SCC 781 Deekesh Baghel (PW-2) and pursuant to the memorandum statement

of appellant No.1 vide Ex.P/17, axe has been recovered vide Ex.P/20

(Property Seizure Memo) on which human blood has been found in

FSL report (Ex.P/42) and furthermore, on clothes (full pants and shirts)

of the appellants i.e. articles E, F, G & I, which were recovered from the

possession of the appellants, also human blood has been found in FSL

report and further considering the other evidence available on record,

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

I.A. No. 1 is rejected.

                      Sd/-                                      Sd/-
               (Sanjay K. Agrawal)                    (Radhakishan Agrawal)
                     Judge                                   Judge




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