Narendra Sahu @ Kharru v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1806 of 2017 • Narendra Sahu @ Kharru, S/o Devcharan Sahu, Aged About 24 Years R/o Village Matka, Police Station And District Bemetara Chhattisgarh at Present Residing Near New Ganesh Chowk, Shardapara, Camp-2, Bhilai, Tahsil And District Durg Chhattisgarh ---- Appellant
Versus
• State Of Chhattisgarh Through Station Chhawani, District - Durg Chhattisgarh ---- Respondent CRA No. 58 of 2018 • Santosh Baghel, S/o Shiluram Baghel, Aged About 31 Years, R/o Village Limaudih P. S. Doundi, District - Balod, Chhattisgarh, Presently Baikunth Dham Near Sidharth School Camp-2 Bhilai Tahsil And District Durg Chhattisgarh ---- Appellant
Versus
• State Of Chhattisgarh Through Police Station Chhawni, District Durg Chhattisgarh, Chhattisgarh ---- Respondent CRA No. 128 of 2018 • Jamit Singh @ Banti Sardar S/o Jaswant Singh Mehra Aged About 32 Years R/o Sharda Para Camp-2, J. P. Nagar Near Yadav Kirana Store, Bhilai, Tahsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Appellant
Versus
• State Of Chhattisgarh Through Police Station Chhawni, District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondent 16/01/2018 Shri B.P. Singh, Shri Rajesh Jain and Shri Ashish Gupta Counsel for the respective Appellants.
Shri K.K. Singh, G.A. for the State/Respondent. Heard on applications for suspension of sentence and grant of bail to the appellants filed in the aforesaid appeals. The appellants have been convicted under the impugned judgment of conviction and order of sentence dated 09.11.2017 passed by First Additional Session Judge, Durg, C.G. in Session Trial No.50/2014. Learned counsels for the appellants argued that the conviction of the appellants is based on evidence of prosecution witnesses Jaspal Singh (PW-06) and Rameshwar Mende (PW-10) whose statements under Section 161 of the Cr.P.C. have been recorded during the investigation after a long time. It is next submitted that PW-6 has not stated clearly regarding involvement of appellant Narendra Sahu in CRA No.1806/2017.
On the other hand, learned counsel for the State opposes the bail application.
Having considered the submission of learned counsel for the parties and further considering the evidence and material available on record, we are not inclined to allow the application for suspension of sentence and grant of bail. Accordingly, applications (IA No. 1/2017 and IA No.02/2018) filed in aforesaid appeals are rejected. At this stage, a prayer has been made by the counsels for the appellants to expedite the case for final hearing as the appellants are in jail since last more than 5 years.
Considering the same, we are inclined to expedite the hearing of the case and the appeal be listed for final hearing. Registry shall ensure preparation and supply of paper-books to the counsels for all the appellants in three appeals. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge yasmin
HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 540 of 2019 Narendra Sahu @ Kharru Versus State Of Chhattisgarh 01/03/2019 This is an office reference.
Perused the office note.
We have passed an order dated 16.01.2019, however, in the order sheet, due to typographical mistake it has been mentioned as 16.01.2018.
The order is, accordingly, corrected in the manner that in place of "16.01.2018", it shall be read in substitution as "16.01.2019".
Case be listed as directed earlier.
Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Yasmin