Chattisgarh High Court
Ramdas Mahant @ Pappu vs State Of Chhattisgarh on 14 January, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1096 of 2024
Ramdas Mahant @ Pappu, son of Firatu Das Mahant, aged about 20
years, resident of Khairwani, Post Suhagpur, P.S. Urga, District Korba
(C.G.) (In jail)
... Appellant
versus
State Of Chhattisgarh Through : Station House Officer, Police Station City
Kotwali, Balodabazar District Balodabazar-Bhatapara (C.G.)
... Respondent
And
CRA No. 1255 of 2024
1. Aman Chauhan, S/o Sukhchand, Aged about - 23 years,
2. Sameer Chauhan @ Ganesh Chouhan, S/o Sukhchand Chauhan,
Aged about - 25 years,
Both R/o- Vill Khairwani, Police Station - Urga, Dist.- Korba-Chhattisgarh
... Appellants
versus
State Of Chhattisgarh Through : P.S. City Kotwali Balodabazar, Distt.
Balodabazar
... Respondent
(Cause title taken from Case Information System)
Order Sheet
14/01/2025 Mr. Anchal K. Matre, Adv. in Cr.A. No. 1096 of 2024.
Mr. Mohit Kumar, Adv. in Cr.A. No. 1255 of 2024.
Ms. Sunita Manikpuri, Deputy Government Advocate for the
State/respondent.
Heard.
Admit.
Issue notice to the respondent.
Learned State counsel accepts notice on behalf of
State/respondent, therefore, issuance of notice to it, is dispensed
with.
Also heard on I.A. No. 2/2024, which are the applications for
suspension of sentence and for grant of bail to the appellants
during pendency of the appeal in both the cases.
By the impugned judgment of conviction and order of
sentence dated 16.02.2024 passed by First Upper Sessions
Judge, Balodabazar (C.G.) in Sessions Trial No. 28 / 2022, the
appellants have been convicted and sentenced as under :-
S.No. Conviction Sentence
01. U/s. 395 of Indian Penal Rigorous Imprisonment for
Code 10 years and fine of
Rs.2,000/-, in default of
payment of fine amount,
to further undergo RI for
six months.
02. U/s. 397 of IPC Rigorous Imprisonment for
5 years and fine of
Rs.500/-, in default of
payment of fine amount,
to further undergo R.I. for
two months.
03. U/s. 120-B of IPC Rigorous Imprisonment for
5 years and fine of
Rs.500/-, in default of
payment of fine amount
further R.I. for 2 months.
All the sentences were ordered to run concurrently.
Learned counsel appearing for both the appellants would
jointly submit that appellants and other co-accused persons
have been convicted on the charges of dacoity and conspiracy,
but there is direct evidence against the appellants to connect
them with the crime in question, even FIR was lodged against
the unknown persons and Test Identification parade has also not
been conducted. It is further submitted that seizure witnesses
have also not supported the case of the prosecution and have
turned hostile, despite that learned trial Court has convicted the
appellants on the basis of presumption only. He further submits
that the appellants are in jail since more than three years,
therefore, he prays that application for suspension of sentence
of the appellant may be allowed and jail sentence may be
suspended.
Per contra, learned counsel for the State submits that
appellant - Ramdas Mahant @ Pappu was working in the shop
of complainant, who had ousted him, therefore, he hatched
conspiracy and committed dacoity in the house of complainant
and looted about Rs. 6,00,000/- cash and jewelry. She further
submits that appellants have not explained the circumstances
appearing against them in the prosecution evidence, therefore,
they are not entitled to get their jail sentence suspended.
I have heard learned counsel for the parties and perused
the record of the trial Court carefully.
Having considered the nature of offence, particularly the
fact that appellant - Ramdas Mahant @ Pappu is said to be ex-
employee of complainant and other appellants are his friends,
I do not feel inclined to allow the application for suspension of
sentence and grant of bail to the appellant, at this stage.
Accordingly, I.A. No.2/2024, applications for suspension of
sentence and grant of bail to the appellants are rejected, at this
stage..
List these cases for final hearing after two weeks.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit
