Dashrath Patra vs State Of Chhattisgarh
2021 Latest Caselaw 2681 Chatt

Citation : 2021 Latest Caselaw 2681 Chatt
Judgement Date : 4 October, 2021

Chattisgarh High Court

Dashrath Patra vs State Of Chhattisgarh on 4 October, 2021

                HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRA No. 250 of 2020


Dashrath Patra S/o. Ghenwaram Patra, aged about 26 years, R/o. Village
Khadkagaon, police station and District Narayanpur (CG)

                                                              ---- Appellant (in jail)
                                      Versus
State of Chhattisgarh Through Station House Officer, Police Station Narayanpur, ,
District Naraynpur (CG)

                                                                   ---- Respondent

04/10/2021 Mr. Anil Gulati, Advocate for the appellant.

Mr. Anshuman Shrivastava, Panel Lawyer for the State.

Heard on IA No.01/2020 for suspension of sentence and grant of bail to appellant.

The appellant has been convicted under Sections 302,352 and 201 IPC and sentenced him to undergo life imprisonment and to pay fine of Rs. 25,000/- under section 302 IPC, RI for 3 months and to pay fine of Rs. 500/- under section 352 IPC and RI for 5 years and to pay fine of Rs. 5000/- under section 201 IPC with default clauses, vide judgment of conviction and order of sentence dated 12.12.2019 passed in ST No. 01/2019 by learned Sessions Judge, Kondagaon District Kondagaon (CG).

Learned counsel for the appellant would raise solitary submission in support of his application that even from the evidence of eyewitness (PW-2) and also other witnesses, it has come that the appellant was of unsound mind, therefore, nothing would be an offence committed by the person of unsound mind.

On the other hand, learned counsel for the State would submit that the oral evidence on record does not satisfy the requirement of the proof of legal insanity as enshrined under Section 84 IPC.

Considering the submission made by learned counsel for the parties and that there being no evidence of any treating doctor regarding proof of insanity, present is not a fit case for grant of bail to the appellant.

Accordingly, application for suspension of sentence and grant of bail is rejected.

List this case for final hearing in due course.

                              Sd/                                   Sd/-

           (Manindra Mohan Shrivastava)                   (Vimla Singh Kapoor)
                     Judge                                       Judge




Santosh