Sandeep Kumar Patel vs State Of Chhattisgarh
2021 Latest Caselaw 3622 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                      CRA No. 1867 of 2019

                        Sandeep Kumar Patel Versus State Of Chhattisgarh




10/12/2021

Ms. Madhunisha Singh, counsel for the appellant.

Mr. Anmol Sharma, PL for the State.

Heard on IA No.2/2019, application for suspension of sentence and grant of bail.

By the impugned judgment dated 05.07.2019 passed by the learned

Session Judge, Korba in ST No.13/2019, the appellant has been convicted under

Section 302 of IPC and sentenced to undergo life imprisonment 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. She further

submits that the eye witnesses PW-2 Ganeshi Patel and PW-3 Seeta Patel did

not support the case of the prosecution and turned hostile. The postmortem report

of the deceased also does not support the case of the prosecution. The finding of

the Trial Court is not in accordance with the evidence available on record,

therefore, the conviction under Section 302 of IPC is not sustainable and the

appellant may kindly be granted the benefit of bail.

Learned State counsel opposes the argument advanced by learned

counsel for the appellant.

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

the Trial Court and gone through the statements of PW-2 Ganeshi Patel and PW-

3 Seeta Patel.

After perusal of the statement of PW-2 Ganeshi Patel, particularly in para 3

of her statement, without commenting further anything on the merits of the case,

we are not inclined to enlarge the appellant on bail at this stage. However, the

liberty is reserved in favour of the appellant to revive the prayer after 2 years, if

the appeal is not decided finally.

Accordingly, IA No.2/2019 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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