Chattisgarh High Court
Santoshi vs State Of Chhattisgarh on 25 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1499 of 2024
1 - Santoshi W/o Vijay Telgu Aged About 35 Years
2 - Yashoda W/o Nandkishore Telgu Aged About 46 Years
3 - Nandkishore S/o Dadu Telgu Aged About 51 Years
All are R/o Santoshi Nagar, Bheemkhoj, District- Mahasamund, j
Chhattisgarh.
...Appellants)
versus
State Of Chhattisgarh Through The Station House Officer, P.S. And
District- Mahasamund, Chhattisgarh.
... Respondent(s)
CRA No. 1503 of 2024
1SUGUNA
- Santoshi W/o Vijay Telgu Aged About 35 Years
DUBEY
Date:
DUBEY 2025.04.26
11:20:08
+0530
2 - Yashoda W/o Nandkishore Telgu Aged About 46 Years
3 - Nandkishore S/o Dadu Telgu Aged About 51 Years
All are R/o Santoshi Nagar, Bheemkhoj, P.S. And District Mahasamund,
Chhattisgarh.
... Appellant(s)
versus
State Of Chhattisgarh Through The Station House Officer, P.S. And
District Mahasamund, Chhattisgarh.
... Respondent(s)
Order Sheet
25/04/2025 Heard Mr. Siddharth Rathod, learned counsel for the
appellants and Mr. Shashank Thakur, learned Deputy
Advocate General, appearing for the State/respondent on
the instant applications under Section 430 of BNSS for
suspension of sentence and grant of bail on behalf of
appellant No.3 (I.A. No. 2 of 2025 and 1 of 2025
respectively).
By the impugned judgment of conviction and order of
sentence dated 12.07.2024, the First Sessions Judge,
Mahasamund in Sessions Case No. 31 of 2019 has
convicted the appellants for offences punishable under
Sections 148, 302/149, 307/149 and 460 of the Indian Penal
Code and sentenced to undergo RI for two years and fine of
Rs.1000/-, in default of payment of fine to further undergo RI
for one month, imprisonment for life and fine of Rs.5000/-, in
default of payment of fine to further undergo RI for five
months, RI for seven years and fine of Rs.3000/-, in default
of payment of fine to further undergo RI for three months
and RI for ten years and fine of Rs.2000/-, in default of
payment of fine to further undergo RI for one month two
months.
Learned counsel for the convict/appellants has argued
that for the same incident, two FIR's were registered against
the appellants as there were three deceased. One of the
FIR which was registered against the appellants was lodged
by one Shanti Bai, who was wife of one of the deceased and
the present FIR was lodged by one Seema Bai, wife of
deceased Ranjit Telgu and it is argued that the connected
Criminal Appeal No.1503/2024 was filed by the appellants
against their conviction and sentence in the FIR which was
lodged by Shanti Bai and the applications filed on behalf of
appellants No. 1 & 2 namely Santoshi and Yashoda for
suspension of sentence and grant of bail has been allowed
by this Court vide order dated 19.11.2024. He further
submits that the appellant No.3 is in custody since
14.08.2018 and that the appeals are likely to take a couple
of years or even more in its final disposal, hence he prays
that the appellant No.3 be enlarged on bail.
Mr. Shashank Thakur, learned Deputy Advocate
General appearing for the State formally opposes the prayer
for grant of bail.
We have heard learned counsel for the parties and
perused the documents appended with the bail applications.
As the applications for suspension of sentence and
grant of bail has been filed on behalf of the appellant No.3 in
both the appeals and he is stated to be in jail since
14.08.2018 and two of the co-accused who were ladies have
already been enlarged on bail by this Court vide order dated
19.11.2024 but there was no application for suspension of
sentence and grant of bail on behalf of appellant No.3 and
the same has been filed on 04.03.2025
Considering the fact that the appellant No.3 had
absconded and therefore, the trial of the appellant was
separated from the other co-accused persons and if he is
granted bail, he will again abscond thus, we do not find any
good ground for enlarging him on bail. Hence, we reject the
applications filed on behalf of the appellant for suspension of
sentence and grant of bail and the matter is ripe for final
hearing.
Let the matters be listed for final hearing on 30th April
2025.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
