Sukumaran Pillai vs State Of Chhattisgarh
2021 Latest Caselaw 3571 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                     CRA No. 89 of 2019

                       Sukumaran Pillai Versus State Of Chhattisgarh




08/12/2021

Mr. F. S. Khare, counsel for the appellant.

Mr. Devesh Verma, GA for the State.

Heard on admission.

Admit.

Also heard on IA No.1/2019, application for suspension of sentence and grant of bail.

By the impugned judgment dated 03.12.2018 passed by the learned

Second Additional Session Judge, Durg of First Additional Session Judge, Durg in

ST No.199/2017, the appellant has been convicted under Sections 302 & 201 of

IPC and sentenced to undergo RI for life and RI for 5 years, respectively, with

default stipulations.

Learned counsel for the appellant submits that the appellant has wrongly

been convicted by the Trial Court in the present case without there being any

clinching and sufficient evidence available on record against him. He further

submits that there are contradictions and omissions in the statements of

witnesses. The act committed by the appellant comes within the purview of

Section 304 Part I of IPC. The applicant is in jail since 11.07.2017, therefore, he

may be granted the benefit of bail.

Learned State counsel opposes the argument advanced by learned

counsel for the appellant and while referring the statement of PW-4 Saraswati

Bai, mother of the deceased, particularly in para 4 of the examination sheet, he

submits that the act committed by the appellant comes under Section 302 of IPC only, hence the appellant is not entitled to benefit of bail.

We have heard learned counsel for the parties and perused the record.

Taking into consideration the facts and circumstances of the case,

particularly the statement of PW-4 Saraswati Bai (mother of the deceased), we do

not find the present to be fit case to enlarge the appellant on bail.

Accordingly, IA No.1/2019 is dismissed.

List the matter for final hearing in due course.

                  Sd/-                                                        Sd/-
          (Arvind Singh Chandel)                                     (Deepak Kumar Tiwari)
                 Judge                                                       Judge




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