Ajman Sethiya vs State Of Chhattisgarh
2024 Latest Caselaw 128 Chatt

Chattisgarh High Court

Ajman Sethiya vs State Of Chhattisgarh on 24 June, 2024

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                      I.A. No. 1 of 2022 in CRA No. 1736 of 2022
                                             &
                      I.A. No. 1 of 2023 in CRA No. 1806 of 2023


                                     CRA No. 1736 of 2023

  • Umesh Yadav S/o Late Ramdhyan Yadav Aged About 42 Years Resident Of Santoshi
    Ward, Infront Of Tripathi Kirana Stores, Jagdalpur, District Bastar (C.G.)

                                                                                ---- Appellant

                                          Versus

  • State Of Chhattisgarh Through Police Of Police Station Kotwali, District Bastar (C.G.)

                                                                             ---- Respondent

with

CRA No. 1806 of 2023

• Ajman Sethiya S/o Late Shri Manbodh Sethiya Aged About 28 Years R/o Gram Niyanaar Sundipara, Police Station Parpa,, District : Bastar(Jagdalpur), Chhattisgarh

---- Appellant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent

(Cause-title taken from Case Information System)

24.06.2024 By the impugned judgment of conviction and order of sentence

dated 10.08.2023 passed by Additional Sessions Judge, South

Bastar, Place Jagdalpur, CG in Sessions Trial No. 73/2021 convicting

the accused/appellants under Sections 120-B, 364-A, 302/34 and 201 IPC and sentencing each of them to undergo life imprisonment u/s

120-B, 364-A and 302/34 IPC and RI for five years with fine of Rs.

500/- u/s 201 IPC, plus default stipulations.

Case of the prosecution in brief is that on 25.10.2020 at about 6

PM the deceased had gone missing and on 29.10.2020 his dead

body was found lying by the side of NH - 63. It is alleged that the

deceased was killed by slitting his neck by a sharp edged weapon by

the appellants for ransom.

Mr. B.P. Rao and Mr. Ishan Verma learned counsel for the

appellants submit that the appellants have been falsely implicated in

the case; that out of total four accused persons, two have already

been acquitted by the trial Court on the same evidence; that one of

the seizure witnesses examained by the prosecution has been fully

declared hostile whereas the other has partly turned hostile; that they

are in jail since the year 2020 and therefore the appellants are prayed

to be released on bail by suspending the sentence imposed on them.

On the other hand, Mr. Shashank Thakur Dy. AG for the State/

respondent opposes the prayer for suspension of sentence and

submits that looking to the seriousness of the offence committed by

the accused/appellants; that the recovery of wire from which the

deceased was strangulated, and part amount of the ransom

amounting to Rs. 63,000/- has been made from accused Ajman

Sethiya and also looking to the fact that co-accused Umesh Yadav also participated in the crime and recovery of amount of ransom was

also made from him, it is not a fit case for suspension of sentence

and grant of bail to the appellants.

Having heard learned counsel for the parties and gone through

the material available on record including the recovery made from the

accused/appellants, this Court is of the opinion that it is not a fit case

to suspend the sentence imposed on the appellant and release them

on bail. Accordingly, the applications for suspension of sentence and

grant of bail referred to above are rejected.

List the case for final hearing after 08 weeks

Sd/- Sd/-

                       (Sachin Singh Rajput)                            (Ramesh Sinha)
                            Judge                                         Chief Justice



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