Prakash Das Mahant vs State Of Chhattisgarh
2025 Latest Caselaw 2286 Chatt

Chattisgarh High Court

Prakash Das Mahant vs State Of Chhattisgarh on 5 March, 2025

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           HIGH COURT OF CHHATTISGARH AT BILASPUR



                                  CRA No. 334 of 2025


1 - Prakash Das Mahant S/o Shri Dayadas Mahant Aged About 23 Years R/o Rangole,
Police Station - Pali, District Korba (C.G.).


2 - Dular Singh Sarotiya S/o Shri Fagun Singh, Aged About 25 Years R/o Bagmudu,
Police Station - Pali, District - Korba (C.G.).


3 - Raju Das Mahant S/o Shri Maghan Das Mahant Aged About 39 Years R/o Devgaon,
Police Station - Dipka, District Korba (C.G.).


4 - Sanjay Yadav S/o Shri Banwali Yadav Aged About 25 Years R/o Rangole, Police
Station - Pali, District Korba (C.G.).
                                                                 ... Appellant(s)


                                           versus


1 - State Of Chhattisgarh Through Station House Officer Banki Mogra, District - Korba
(C.G.).
                                                                   ... Respondent(s)

Order Sheet

05/03/2025 Mr. Surfaraj Khan, Counsel for the appellants.

Mrs. Pragya Shrivastava, Dy. G.A. for the State. Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment of conviction and sentence dated 04.02.2025 passed in Sessions Trial No. 3/2024 by the learned Second Additional Sessions Judge, Katghora, District- Korba (C.G.) whereby convicted the appellant as under:

                     Conviction                       Sentence
             U/s 395 of IPC                 RI for 7 years and fine of
                                            Rs. 1000/-, in default of
                                            fine, Additional RI for 3
                                            months.
             U/s 397 of IPC                 RI for 7 years
             U/s 427 (2 times) of IPC       RI for 6 months and fine of
                                            Rs. 100/-, in default of fine,
                                            additional RI for 1 month.

Learned Counsel for the appellants contended that the applicant has prima facie good case in their favor and they are hopeful to succeed on it. The applicant were on bail during trial. The disposal of this Criminal Appeal is likely to take long time. The appellants are ready to abide all the terms and conditions which may be imposed by this Hon'ble Court

while suspending the jail sentence of the applicant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/appellants which connects them with the crime and chain of circumstances are fully linked and completed with each other.

I have heard learned Counsel for the parties and perused the record with utmost circumspection.

Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case, I am of the opinion that present is not a fit case to suspend the jail sentence imposed upon the appellants.

Accordingly, I.A. No. 01/2025 stands rejected. List this case for final hearing in its due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima