Chandrashekhar @ Deepak vs State Of Chhattisgarh
2021 Latest Caselaw 2085 Chatt

                                                                                        NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRA No. 166 of 2021
    Chandrashekhar @ Deepak, S/o Shri Sanak Sai, Aged About 29 Years R/o Village

    Madhubantoli,     Jashpurnagar,    Police    Station   Jashpur,   District     :   Jashpur,

    Chhattisgarh

                                                                                 ---- Appellant
                                        Versus
    State Of Chhattisgarh, Through - S.H.O., Police Station - Sanna, District : Jashpur,

    Chhattisgarh

                                                                          ---- Respondent

01.09.2021 Shri J.K. Shastri, Counsel for the Appellant.

Shri Jitendra Shukla, PL for the State/Respondent.

Heard on prayer for suspension of sentence and grant of bail.

The appellant has been convicted under the impugned judgment

of conviction and order of sentence dated 23.01.2021 passed by the

learned Additional Sessions Judge, Jashpur (Chhattisgarh) in

Sessions Trial No. 24/2019.

Learned counsel for the appellant would argue that as against the

present appellant the prosecution has failed to lead any clinching

evidence and the involvement in the alleged loot. He would next

submit that the appellant has not been identified by the victim

Yashwant Singh (PW-4) and even the witnesses of memorandum and seizure Roshan Lal Ratre (PW-6) and Durgesh Kumar Jaiswal

(PW-7) has not involved the present appellant because even

according to PW-7 memorandum statement of another accused was

taken. He would further submit that except a knife which is used in

the kitchen no other looted articles have been seized from the

possession of the present appellant.

On the other hand, learned State counsel opposes and submits

that in the memorandum statement of the other co-accused the

present appellant has been involved in the alleged commission of

offence and the knife by which the victim was threatened has been

seized from the possession of the present appellant/Chandrashekhar

@ Deepak.

Taking into consideration the submission of learned counsel for

the parties and particularly taking into consideration that the

appellant has not been identified at the dock during trial and the

looted articles are not said to be seized from the possession of the

appellant, we are inclined to suspend the jail sentence of the present

appellant.

Accordingly, the application is allowed. It is directed that the

substantive jail sentence imposed upon the appellant shall remain

suspended during the pendency of the appeal and he shall be

released on bail furnishing a personal bond of Rs.25,000/- along with

two local sureties of the like amount to the satisfaction of the

concerned trial Court, for his appearance before the concerned trial

Court on 4th October, 2021 and all such further dates as may be directed by the said Court, interval being not less than 6 months, till

final disposal of this appeal.

Post the appeal for final hearing.

Certified copy as per rules.

                         Sd/-                                     Sd/-
             (Manindra Mohan Shrivastava)               (Vimla Singh Kapoor)
                     Judge                                       Judge




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