Roshan Gupta vs State Of Chhattisgarh
2021 Latest Caselaw 3597 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                      CRA No.1395 of 2018

                         Roshan Gupta Versus State of Chhattisgarh



09/12/2021

Shri Shakti Raj Sinha, Counsel for the appellant.

Shri Arijit Tiwari, PL for the State.

Heard.

Admit.

Also Heard on I.A.No.1/2020, application for suspension of sentence and

grant of bail (repeat bail).

The appellant stands convicted under Section 304 B IPC and sentenced to

undergo life imprisonment and to pay fine of Rs.5000/- with usual default

stipulation vide judgment dated 07.09.2018 passed by the Additional Sessions

Judge, Ramanujganj, District Balrampur Ramanujganj (C.G.) in S.T. No.541/2011.

Earlier the application for suspension of sentence and grant of bail was

dismissed on 06.12.2019.

Learned counsel for the appellant would submit that death of the deceased

was due to hanging and there was no evidence that soon before the date of death

she was subjected to cruelty for demand of dowry. He would further submit that

the appellant was residing separately and the hanging took place when the appellant was not at home and if certain financial support has been extended, it

cannot be presumed that it was demand of dowry, therefore, the substantive jail

sentence imposed upon the appellant may be suspended and he may be released

on bail.

Per contra, learned State counsel opposes the prayer for suspension of

sentence and grant of bail.

Earlier the same argument which is advanced by the appellant was

considered and negated by this Court on 06.12.2019. Having considered the

statement, we do not find any change of circumstances to reconsider this repeat

application for suspension of sentence and release the appellant on bail.

Accordingly, I.A.No.1/2020, application for suspension of sentence and

grant of bail is dismissed.

List it for final hearing.

                              Sd/-                                    Sd/-


                    (Goutam Bhaduri)                          (Rajani Dubey)
                       Judge                                      Judge




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