Chhannuram Som vs State Of Chhattisgarh
2021 Latest Caselaw 2393 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                    CRA No. 450 of 2020
  • Chhannuram Som S/o Late Aalor Singh Aged About 35 Years R/o Village
    Kuristkur, P.S. District Uttar Bastar Kanker Chhattisgarh.
                                                                       ---- Appellant
                                       Versus
  • State Of Chhattisgarh Through Arakschhi Kendra Korar, District Uttar Bastar
    Kanker Chhattisgarh.                                      ---- Respondent

17-09-2021 Mr. Jai Prakash Shukla, counsel for the appellant/s.

Mr. Jitendra Shukla, PL for the State/respondent.

Heard on I.A. No. 01/2020 application for suspension of sentence

and grant of bail.

The appellant has been convicted under the impugned judgment of

conviction and order of sentence dated 05.02.2020 passed by the

Additional Sessions Judge, District Uttar Bastar Kanker, CG in Sessions

Trial No. 23/2019.

Learned counsel for the appellant would argue that the

prosecution conviction is based on weak circumstantial evidence of

recovery and the motive for which there is no admissible evidence. He

would further submit that there is neither any last seen nor any extra

judicial confession.

On the other hand, learned State counsel would oppose and

submit that when memorandum of the appellant was recorded, the

appellant disclosed having committed murder of his wife and thereafter

memorandum of the appellant was recorded on that basis the weapon which was used for commission of offence was recovered from a hidden

place which is hundred meters away and found under the tree, found to

be stained with human blood. The appellant's clothes were also seized

from the house of the appellant which were also found to be stained with

human blood which appellant failed to explain.

Taking into consideration the submission of learned counsel for

the parties, particularly taking into consideration recovery of clothes of

the appellant which were found to be stained with human blood which

the appellant failed to explain, no case is made out for grant of bail.

Therefore, we do not find a case for suspension of sentence and grant of

bail, application is therefore, rejected.

List this appeal for final hearing.

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



Pawan Prajapati