Smt. Sunita Bai vs State Of Chhattisgarh
2021 Latest Caselaw 2340 Chatt

                                                                             NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRA No. 286 of 2021
  Smt. Sunita Bai Wife of Shivbrat Aged About 28 Years Resident Of Village
  Shardapur, Barpara, Police Station Chalgali, District Balrampur Ramanujganj
  (Chhattisgarh),
                                                                      ---- Appellant
                                      Versus
  State of Chhattisgarh Through Police Station Chalgali, District Balrampur
  Ramanujganj (Chhattisgarh)
                                                                 ---- Respondent

15/09/2021 Mr. Vivek Shrivastava, Advocate for the appellant.

Mr. Jitendra Shukla, Panel Lawyer for the State.

Heard on application (IA No. 01/2021) for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/- with default clauses, vide judgment of conviction and order of sentence dated 09.02.2021 passed in Special Sessions Trial No. R-26/2018 by learned Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj (CG).

Learned counsel for the appellant would argue that the evidence of the prosecution witnesses including witness No.1, who claims to have seen the incident of assault, it has come that the appellant lost her infant child and thereafter she had gone insane. He would submit, therefore, that the act done in insanity would not amount to an offence.

On the other hand, learned counsel for the State opposed the application by submitting that the plea of insanity is neither proved by any clinching evidence nor emerging from the evidence of the prosecution that the appellant had suffered from insanity of such a degree that she was not knowing as to what she is doing.

Considering the submission made by learned counsel for the parties and that there is no evidence of any doctor with regard to treatment of the appellant or diagnosis as insane, 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




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