Tajeshwar @ Tillu Janghel vs State Of Chhattisgarh
2025 Latest Caselaw 1912 Chatt

Citation : 2025 Latest Caselaw 1912 Chatt
Judgement Date : 13 February, 2025

Chattisgarh High Court

Tajeshwar @ Tillu Janghel vs State Of Chhattisgarh on 13 February, 2025

                                     1




           HIGH COURT OF CHHATTISGARH AT BILASPUR


                          CRA No. 848 of 2024

1 - Tajeshwar @ Tillu Janghel S/o Lt. Mangal Janghel Aged About 25
Years R/o Village Pandariya, P.S. Chuikhadan, District : Khairagarh-
Chhuikhadan-Gandai, Chhattisgarh
                                                        ... Appellant


                                  versus


1 - State Of Chhattisgarh Through Station House Officer, Police Station -
Chuikhadan, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
                                                        ... Respondent(s)

Order on Board

13/02/2025 Shri Soumitra Kesarwani, counsel for the appellant.

Shri G.L.Uikey, PL for the State.

Heard on I.A. No. 01, application under Section 430 of the BNSS for grant of bail to the appellant.

The appellant has been convicted and sentenced by the impugned judgment of conviction and order of sentence

dated 11.03.2024 passed by the learned Additional Sessions Judge, Khairagarh, District Khairagarh-Chhuikhadan-Gandai (CG) in Sessions Case No. 17/2022 for the offence punishable under Section 307 IPC and sentenced to undergo RI for ten years and to pay fine of Rs. 2,000/-, in default of payment of fine to further undergo RI for two months.

Prosecution case in brief is that on 29.03.2022, at about 9.30 pm the appellant who is the cousin brother of the victim Bhupendra Janghel (PW-6) assaulted with a knife and caused injury on the neck and stomach. Due to the injury, there was wound in the small intestine. It is alleged that there was some land dispute between the appellant and the complainant.

It has been argued by counsel for the appellant that the prosecution case is unreliable. He submits that there are major contradictions in the statement of victim under Sections 161 and 164 Cr.P.C. He submits that no incriminating article has been seized from the possession of the appellant. Lastly, he submits that the appellant is in jail since 30.03.2022 and the appeal is likely to take some time for its conclusion, hence the appellant has filed the instant application for suspension of sentence and grant of bail.

Learned counsel for the State/respondent has objected the bail application and submits that the injuries were caused on the vital parts of the body ie. neck and stomach, therefore, the learned trial court after appreciating the evidence available on record, came to the conclusion regarding guilt of the accused/appellant, which is just and

proper.

Heard learned counsel for the parties and perused the records of the Court below.

Considering the facts and circumstances of the case and the evidence lead by the prosecution and looking to the nature of offence, I am not inclined to allow the application for suspension of sentence and grant of bail to to the appellant. Accordingly, I.A. No. 01/2024 is hereby rejected.

Sd/-

(Arvind Kumar Verma) Judge

SUGUNA DUBEY Date: