Prasannajeet Vishwas vs State Of Chhattisgarh
2021 Latest Caselaw 3755 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                               CRA No. 1111 of 2019
 1. Prasannajeet Vishwas S/o Sudhir Vishwas Aged About 23 Years R/o
    Purviborgaon Bazarpara, Police Station Farasgaon, District Kondgaon
    Chhattisgarh.
 2. Sudhir Vishwas S/o Late Gopal Vishwas Aged About 49 Years R/o Purviborgaon
    Bazarpara, Police Station Farasgaon, District Kondgaon Chhattisgarh.
 3. Smt. Laxmi Vishwas W/o Sudhir Vishwas Aged About 45 Years R/o
    Purviborgaon Bazarpara, Police Station Farasgaon, District Kondgaon
    Chhattisgarh.
                                                                      ---- Appellants
                                     Versus
  • State Of Chhattisgarh Through The Station House Officer, Police Station
    Farasgaon District Kondagaon Chhattisgarh.
                                                                     ---- Respondent

16-12-2021 Mr. Sanjeev Kumar Sahu, counsel for the appellant/s.

Mr. Sunil Otwani, Additional AG for the State/respondent.

Heard on I.A. No. 01/2021 - application for suspension of

sentence and grant of bail filed by appellant No. 1 - Prasannajeet

Vishwas.

The appellant has been convicted by the impugned judgment of

conviction and order of sentence dated 23.04.2019 passed by the Sessions

Judge, Kondagaon, CG in Sessions Trial No. 08/2017.

It is submitted that the conviction of the appellant No. 1 is based

on the case of prosecution which is not reliable in any respect, as it was

clearly a case of suicide as the deceased had hanged herself which

resulted in her death. The other co-accused the appellants No. 2 and 3

have been granted bail by this Court vide order dated 11.11.2019,

therefore, the appellant No. 1 is also entitled for suspension of sentence and grant of bail, therefore, his application may be allowed.

Learned counsel for the State opposes the application and

submits that the there is clear evidence that the committed the murder of

his own wife by strangulating her. The conviction against the appellant is

based on the evidence of the prosecution beyond reasonable doubt

therefore, the application is liable to be rejected.

Considering the submission of learned counsel for the parties, and

the nature of evidence, it is not a fit case for suspension of sentence and

grant of bail. Therefore, the application is rejected with liberty to repeat

the same after two years.

List this appeal for final hearing.

                                Sd/-                                        Sd/-

                  (Rajendra Chandra Singh Samant)                  (Arvind Singh Chandel)
                              Judge                                         Judge




Pawan Prajapati