Yamuna Pandey vs State Of Chhattisgarh
2021 Latest Caselaw 3818 Chatt

                                        3

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                     Criminal Appeal No. 725 of 2021
Yamuna Pandey S/o Ishwar Pandey Aged About 31 Years R/o Ward No. 06, Lalpur,
Bagbahara, Police Station Bagbahara, District Mahasamund Chhattisgarh.
                                                                      ---- Appellant
                                  Versus
State Of Chhattisgarh Through Station House Officer, Police Station Bagbahara, Civil
And Revenue District Mahasamund Chhattisgarh.
                                                                    ---Respondent

21/12/2021 Shri Shailendra Kumar Sharma, Advocate for the appellant.

Shri Devesh Verma, G.A. for the State.

Heard on I.A. No. 1 of 2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 18.3.2021 passed by the Learned First Additional Sessions Judge, Mahasamund, District Mahasamund, Chhattisgarh in Sessions Trial No. 34 of 2018, the appellant stands convicted with a direction to run both the sentences concurrently, as under:-

                       Conviction                           Sentence
             Under Section 302 of the           Life imprisonment (two count) &
             Indian Penal Code (two             fine amount of Rs.2,000-2,000/-,
             count)                             in default of fine amount
                                                imprisonment for 1 month.
             Under Section 309 of the           Simple imprisonment & fine
             Indian Penal Code.                 amount of Rs.200/-, in default of
                                                fine amount imprisonment for
                                                1 month.

Learned counsel for the appellant submits that the appellant has been erroneously convicted and sentenced by the trial Court in

the impugned judgment without there being any reliable evidence of the prosecution against the appellant beyond reasonable doubt. Not a single witness examined by the prosecution is reliable. The appellant is a woman and she is in jail since 9.7.2018. Hence, it is prayed that the application be allowed.

Learned State counsel opposes the bail application. It is submitted that there is a charge of commission of murder of two persons against the present appellant. The deceased were the daughters of the present appellant. The appellant has given a statement before the treating doctor making admission of guilt which amounts to extra-judicial confession and there is also a suicidal note of the appellant in which, she has admitted her guilt, therefore, there is no infirmity in the impugned judgment. Hence, the appellant is not entitled for grant of bail.

Heard counsel for both the parties and perused the impugned judgment of the Court below.

Considered on the submissions and perused the evidence present on record of the trial Court. We are of the considered view that it is not a fit case for suspension of sentence and grant of bail to the appellant. Consequently, the same is allowed.

Accordingly, I.A. No.1 of 2021, an application for suspension of sentence and grant of bail to the appellant is rejected.

List this appeal for final hearing in due course.

                      Sd/-                                  Sd/-

               (R.C.S. Samant)                    (Arvind Singh Chandel)
                     Judge                                  Judge
Nimmi