This High Court dismissed two appeals for bail filed by Suresh Sarkar and Chanchal Mandal, who are in jail for murder and atrocities. The court held there was no change in circumstances to warrant release despite the ongoing trial.
Appeals against bail orders dismissed; Trial Court directed to expedite trial and conclude it ASAP.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 756 of 2021
----Appellant
Versus
---- Respondent
CRA No. 908 of 2021
----Appellant
Versus
---- Respondent
For Appellants Shri Praveen Dhurandhar, Advocate. For State Shri Rahim Ubwani, Panel Lawyer.
Hon'ble Shri Justice Gautam Chourdiya Order on Board
27/09/2021
1. Earlier the appellant- Chanchal Mandal had filed MCRC No.1822 of 2020 which was dismissed on merits by the Co-ordinate Bench of this Court vide order dated 27.08.2020 and MCRC No.5641 of 2021 filed by him was dismissed as withdrawn with liberty to file appeal vide order dated 06.08.2021.
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2. Both these appeals by the accused/appellants under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are directed against the orders dated 26.11.2019 & 25.06.2021 respectively passed by the Special Judge, SC/ST Act North Bastar, Dantewada, C.G., rejecting their regular bail under Section 439 Cr.P.C. The appellants are in jail since 14.07.2019 in connection with Crime No.86/2019 for the offence punishable under Sections 302, 201 & 120-B of Indian Penal Code and Section 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station- Sukma, District Sukma, C.G.
3. Case of the prosecution is that appellant-Suresh had started liking the wife of the deceased and in course of time, he planned to eliminate the deceased so that his wife may be inclined to accept the offer of that appellant- Suresh. According to prosecution story, to eliminate the deceased Ramnivas, co-accused Suraj hatched a conspiracy involving present appellants, in furtherance of which, Ramnivas was taken to different places and finally he was brought into jungle where he was assaulted with the help of weapon and his neck was chopped resulting in death.
4. Learned counsel for the appellants submits that appellant are innocent persons and have been falsely implicated in this case. It is submitted that appellants have not played any role in alleged offence. Appellants are in custody since 14.07.2019, charge sheet has already been filed and conclusion of the trial is likely to take some time. Therefore, they may be released on bail.
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5. Learned counsel for the State opposes the appeals.
6. Heard learned counsel for the parties.
7. Considering the facts and circumstances of the case, the fact that the earlier bail application of the appellant- Chanchal Mandal has already been rejected on merits by the Co-ordinate Bench of this Court, there is no change in the circumstances except that for exhibiting some formal documents regarding DNA and fingerprints, witnesses have been called, the material so far collected against the appellants, the case of the appellant- Suresh Sarkar @ Chhotu is not being distinguishable on facts from the case of the appellantChanchal Mandal, the trial is in progress, which is likely to be concluded in near future and that the evidence on record cannot be appreciated by this Court at this stage, without commenting anything on merits of the case, this Court is of the opinion that present is not a fit case to release the appellants on bail. Accordingly, both the appeals filed by the appellants being without any substance are hereby dismissed. However, considering the detention period of the appellants, the trial Court is directed to expedite the trial and conclude the same as early as possible.
Sd/Gautam Chourdiya Judge
Akhilesh
2 issues framed by the court
Whether bail should be granted to appellants convicted under Section 3(2) of the SC/ST Act and accused of murder under IPC Sections 302, 201, and 120-B.
Whether there is any change in circumstances in Chanchal Mandal's bail application given the earlier dismissal and pending trial.
4 provisions across 3 enactments
Suresh Sarkar @ Chhotu
Chanchal Mandal
State of Chhattisgarh
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
