Kishan Kumar Manikpuri vs State Of Chhattisgarh
2021 Latest Caselaw 1713 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                           CRA No. 1136 of 2018

• Kishan Kumar Manikpuri, S/o Late Samaldas Manikpuri, Aged about 35
  years, Caste- Panika, R/o Marol, Present R/o Mahadevdand Police Station-
  Bagicha District- Jashpur (C.G.).

                                                                 ---- Appellant

                                   Versus

• State of Chhattisgarh, Through- Police Station- Bagicha District- Jashpur
  (C.G.).

                                                              ---- Respondent

11.08.2021 Mr. Hemant Kesharwani, counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard on I.A. No. 01/2020, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 28.05.2018 passed in

Special (SC/ST) Case No. 20/2017 by the learned Special Judge,

Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

Act, 1989, Jashpur (C.G.) the appellant stands convicted as

mentioned below:

Conviction Sentence In Default U/s 376(2)(झ) of the RI for 10 years and In default of payment of fine amount of fine amount additional IPC Rs.500/-. RI for 02 months.

Learned counsel for the appellant submits that the appellant

has been wrongly convicted by the trial Court in the judgment

without there being any sufficient evidence available on record. He

also submits that the appellant is in jail since 13.09.2017 and

appeal is likely to take some more time. Hence, it is prayed that his

application may be allowed.

On the other hand, learned counsel for the State has

opposed the bail application and submissions made in this respect.

Heard both the parties.

I have perused the judgment of the trial Court as well as

statements of the prosecutrix (PW-01) and other witnesses and

other evidence adduced by the prosecution before the trial Court.

After perusal of the statements of the prosecutrix (PW-01) and

other witnesses, I am of this opinion that it is not a fit case for grant

of bail to the appellant during the pendency of this appeal.

Accordingly, I.A. No.01/2020 is rejected.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge Vasant