Budhnath @ Bahira vs State Of Chhattisgarh
2023 Latest Caselaw 469 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                     CRA No. 604 of 2018

 • Budhnath @ Bahira, S/o Dilsai, Aged About 39 Years, Caste Manjhi, Occupation-
    Agriculture/labour, R/o Village Kathkaaloo, Dhabapara, Police Station- Sitapur,
    District- Sarguja, Chhattisgarh.

                                                                             ---- Appellant

                                         Versus

 • State of Chhattisgarh Through Police Station Sitapur, District- Sarguja,
    Chhattisgarh.

                                                                          ---- Respondent

23/01/2023 Mr. Arvind Kumar Dubey, Counsel for the appellant.

Mr. Lalit Jangde, Dy. G.A. for the State.

Heard on I.A. No. 02/2023 which is a repeat application for suspension of sentence and grant of bail to the appellant.

Earlier the first bail application of the appellant was rejected on merits on 24.08.2018.

By the impugned judgment dated 08.02.2018 passed by the learned Sessions Judge, Ambikapur, District- Sarguja (C.G.) in Special Sessions Trial No. 70/2017, the appellant has been convicted and sentenced as under:-

                    Conviction                           Sentence

                  U/s 302 of IPC           R.I. for life and to pay fine amount of

Rs.500/- in default of payment of fine to undergo R.I. for 6 months

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He submits that there is no eye-witness to the incident and he is in jail since 05.03.2017. He further submits that disposal of appeal may likely to take some time, therefore, the appellant may be released on bail.

On the other hand, learned counsel for the State opposes the prayer for bail.

Having heard the counsel for the parties, considering the nature and quality of evidence available against the appellant and in particular considering the fact that earlier bail application of the appellant has already rejected on merits and there is no change in the facts and circumstance in the case, we are not inclined to suspend the sentence and grant of bail to the appellant.

Accordingly, the application (I.A. No.02/202) is rejected.

List this appeal for final hearing in due course.

                     Sd/-                                   Sd/-
              (Rajani Dubey)                       (Narendra Kumar Vyas)
                   Judge                                   Judge




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