Pradeep Das Mahant vs State Of Chhattisgarh
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Chattisgarh High Court

Pradeep Das Mahant vs State Of Chhattisgarh on 28 February, 2025

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CHANDRAKANT
DEWANGAN
                                                                                         NAFR

Digitally signed
by                            HIGH COURT OF CHHATTISGARH AT BILASPUR
CHANDRAKANT
DEWANGAN
Date:
2025.03.03
10:45:46 +0530
                                             CRA No. 1592 of 2021

                                                  Order Sheet

                   1 - Pradeep Das Mahant S/o Shri Ramlal, Aged About 21 Years, R/o
                   Village Pandripani, Police Chowki Hardibazar, Police Station Kusmunda,
                   District Korba (C.G.).
                                                                                  ... Appellant
                                                                                        (In Jail)
                                                      versus
                   1 - State Of Chhattisgarh, Through Station House Officer, Police Station
                   Kusmunda, District Korba (C.G.).
                                                                                ... Respondent

28.02.2025 Mr. Roshan Dubey, Counsel for the Appellant.

Mr. Ranbir Singh Marhas, Addl. Advocate General for

the State/Respondent.

Heard on I.A. No.02/2025, which is the second

application, filed under Section 430 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (BNSS), seeking suspension of

sentence and grant of bail to the Appellant.

By virtue of the impugned judgment of conviction and

order of sentence dated 18/10/2021, passed by the learned

First Additional Sessions Judge, Katghora, District Korba

(C.G.), in Sessions Trial No.46/2019, whereby the said

Appellant has been convicted and sentenced as under :-

Conviction Sentence Under Section 302 Life Imprisonment and fine amount of the I.P.C. of Rs.5,000/-, in default of payment of fine, additional R.I. for 06 months.

Learned Counsel appearing for the Appellant submits

that the Appellant is innocent and has been falsely

implicated in connection with the alleged crime. It is

contended further that the Appellant is in jail since

07/07/2019 and as the appeal will take some considerable

time for its final disposal, therefore, he may kindly be

released on bail.

On the other hand, learned Counsel appearing for the

State/Respondent while inviting attention to the statement

of eye-witness, namely, Rajkumar (PW-5), submits that the

manner in which, the deceased Hemant Yadav was

assaulted by him with the aid of knife, he is not entitled to

be released on bail and the application as framed deserves

to be rejected.

Having considered the aforesaid contention of the

parties and considering further the statement of the eye-

witness, namely, Rajkumar (PW-5), particularly, para 3 of

his statement, without commenting anything on merits of

the case, we are not inclined to allow this application. The

application (I.A. No.02/2025) is, accordingly, rejected.

In view of above, I.A. No.02/2025, stands disposed

of.

                      -Sd/-                             -Sd/-
               (Sanjay S. Agrawal)              (Deepak Kumar Tiwari)
                     Judge                             Judge




Chandrakant