Manish Gawale vs State Of Chhattisgarh
2025 Latest Caselaw 925 Chatt

Chattisgarh High Court

Manish Gawale vs State Of Chhattisgarh on 2 January, 2025

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                          HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                 Order Sheet

                                        CRA No. 1724 of 2024

                    •   Manish Gawale S/o Late Arun Gawale, Aged About 29 Years
                        R/o Village Dharampura No. 1, Near Kailash Hotel, Police
                        Station Kotwali, District Bastar, Chhattisgarh.
                                                                            ... Appellant
                                                   versus
                    •   State of Chhattisgarh, Through: Police Station Frejarpur,
                        Jagdalpur, District Bastar, Chhattisgarh.
                                                                          ... Respondent

02/01/2025 Mr. Rajesh Jain, counsel for the appellant.

Mr. Ajay Pandey, G.A. for the State/respondent.

Heard on I.A. No. 02/2024, application under Section 430 of B.N.S.S. for suspension of sentence and grant of bail.

By the impugned judgment dated 07.08.2024

by HEERA LAL passed by learned Sessions Judge, Bastar at Jagdalpur

(C.G.) in Sessions Trial No. 77/2023, the appellant has Date:

2025.01.02 17:14:13 +0530

been convicted for the offence punishable under Section 306 of IPC and sentenced him to undergo R.I. for 5 years

and fine of Rs. 500/- with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case. He further submits that the appellant is in jail since 14.08.2023 and disposal of this appeal is likely to take considerable time, therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application and submits that the appellant did a heinous crime, therefore, he is not entitled to enlarge on bail.

I have heard learned counsel appearing for the parties.

Considering the facts and circumstances of the case, material available on record and the nature of offence, at this stage, I am not inclined to release the appellant on bail.

Accordingly, I.A. No. 02/2024 is rejected.

List this case for final hearing in the week commencing 27th January, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu