Santosh Devangan @ Sunny Devangan vs State Of Chhattisgarh
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Chattisgarh High Court

Santosh Devangan @ Sunny Devangan vs State Of Chhattisgarh on 13 February, 2025

                                      1




           HIGH COURT OF CHHATTISGARH AT BILASPUR


                          CRA No. 1651 of 2024

1 - Santosh Devangan @ Sunny Devangan S/o Girdhari Lal Devangan
Aged About 35 Years R/o Ranitarai P.S.P Ranitarai District Durg (C.G.)
                                                         ... Appellant


                                  versus


1 - State Of Chhattisgarh Through Sho P.S. Ranitarai District - Durg (C.G.)
                                                         ... Respondent(s)

Order on Board

13/02/2025 Shri Aman Pandey, counsel for the appellant.

Ms. Sunita Sahu, PL for the State.

Heard on I.A. No. o1, 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 18.07.2024 passed by the learned Sixth Additional Sessions Judge, Durg, District Durg (CG) in Sessions Trial

No. 180/2022 for the offence punishable under Section 307IPC and sentenced to undergo RI for ten years and to pay fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for three months.

Prosecution case in brief is that on 30.05.2022, complainant Sohanlal Sahu had filed a complaint alleging that his brother Chetan Sahu had been assaulted with knife and taken to hospital. On enquiry, he was informed that the applicant who was his neighbour had stabbed with knife on account of previous enmity. It is alleged that the injured sustained four lacerated wounds on various parts of his body.

It has been argued by counsel for the appellant that the prosecution case is unreliable and the injuries sustained by the complainant were simple in nature. 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 31.05.2022 and the appeal is likely to take some time for its conclusion, hence the appellants have 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 on the basis of the memorandum of the appellant, the weapon of offence- knife was seized vide Ex.P-9 with which he had caused lacerated wounds on the injured, 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

DUBEY 2025.02.18 11:10:42 +0530