Akash Mahant @ Nanhi vs State Of Chhattisgarh
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Chattisgarh High Court

Akash Mahant @ Nanhi vs State Of Chhattisgarh on 25 June, 2024

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                           Cr. A. No. 2090 of 2023

     Akash Mahant @ Nanhi S/o Anupdas Mahant, Aged About 21 Years R/o
      Village Parsabhatha, Near Shiv Mandir, Balco, Police Station Balco Nagar,
      District : Korba, Chhattisgarh

                                                                       ---- Appellant

                                        Versus

     State of Chhattisgarh Through Station House Officer, Police Station Balco
      Nagar, District : Korba, Chhattisgarh.
                                                             ---- Respondent

25/06/2024 Mr. Virendra Verma, Advocate on behalf of Mr. Dharmesh

Shrivastava, Advocate for the appellant.

Ms. Pushplata Khalkho, PL for the State.

Heard on I.A. No.1/2023, application under Section 389 of Code of

Criminal Procedure for suspension of sentence and grant of bail to

appellant.

By the impugned judgment of conviction and order of sentence dated

01/06/2023 (Annexure A-1) passed by the learned First Additional Session

Judge, Korba, (CG), the appellant stands convicted as under:-

                      Conviction                            Sentence

                 U/s 307 of IPC        : Rigorous imprisonment for 7 years & fine of

amount Rs.2,000/-, in default of payment of fine further 06 months additional RI.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. There are many contradictions and omissions in the statements of main prosecution witnesses and further they are close relatives of the victim, therefore, their evidence are not reliable. During trial, appellant was on bail and has not misused the liberty granted to him earlier. Appeal may take some time for final hearing, hence, sentence awarded to appellant may be suspended and he be enlarged on bail.

Learned State Counsel opposing the submission of counsel for the appellant, would submit that as per evidence available on record, appellant is not entitled for grant of bail. However on putting specific query to State Counsel with regard to any criminal antecedent against appellant, after going through case diary, she submits that there are three previous antecedents against the appellant.

Heard counsel for the parties.

Considering facts of the case, submissions of counsel for the parties, nature of allegation, particularly the injuries caused to the victim (injured) on vital part of the body which is stab wound, further the fact that appellant is having three previous antecedents, I am not inclined to allow this application at this stage.

Accordingly, I.A. No.1/2023 is hereby rejected.

List this case for final hearing in due course.

Certified copy, as per rules.

Sd/-

(Arvind Kumar Verma) Judge J/-