Manoj Patel vs State Of Chhattisgarh
2021 Latest Caselaw 2143 Chatt

                                                1

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                         Proceeding through Video Conferencing
                             Criminal Appeal No. 1059 of 2015
      Manoj Patel S/o Kailash Patel, aged about 27 years, R/o Village Belargondi, Police
       Station Gendatola, District Rajnandgaon (C.G.)
                                                                             ----- Appellant
                                          versus
      The State of Chhattisgarh, through Station House Officer, Police Station Gendatola,
       District Rajnandgaon (C.G.)
                                                                   ----- Respondent/State

03/09/2021 Shri Vijay Kumar Sahu, Advocate for the Appellant.

Shri Arjit Tiwari, Panel Lawyer for the State.

I.A. No. 1 of 2021:

This is the bail application under Section 389 of Cr.P.C. for suspension of

sentence and grant of bail to the appellant.

The appellant has been convicted for the offence punishable under

Sections 302, 307, 397 & 450 of IPC and sentenced to undergo imprisonment

for life & to pay fine of Rs.500/-, in default of payment of fine, additional R.I. for 2

months; to undergo R.I. for 5 years & to pay fine of Rs.200/-, in default of

payment of fine, additional R.I. for 1 month; to undergo R.I. for 7 years and to

undergo R.I. for 5 years & to pay fine of Rs.200/-, in default of payment of fine,

additional R.I. for 1 month respectively vide judgment of conviction and order of

sentence dated 26.06.2014 passed by the Sessions Judge, Rajnandgaon,

District Rajnandgaon (C.G.) in Sessions Trial No. 71/2012.

The appellant has committed murder of Tulsiram whose wife (PW-2) is

eyewitness. She has identified the appellant as also the ornaments looted at the

time of incident.

Considering the entire facts and circumstances of the case, we are not

inclined to suspend the sentence and to release the appellant on bail.

Accordingly, I.A. No. 1 of 2021 is dismissed.

On 10.08.2018, this Court had directed that the case be listed for final

hearing after two months, however, the case in not listed for final hearing.

Registry is directed to take steps for compliance of order dated

10.08.2018.

                       Sd/-                                            Sd/-

             (Prashant Kumar Mishra)                          (Gautam Chourdiya)
              Acting Chief Justice                                  Judge




vatti