Jeevan Majhwar vs State Of Chhattisgarh
2021 Latest Caselaw 2402 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 315 of 2021
  • Jeevan Majhwar S/o Biran Majhwar Aged About 32 Years Caste- Majhwar, R/o
    Village- Nanadmali (Junapara), Police Station- Darima, District Surguja
    Chhattisgarh.                                               --- Appellant
                                      Versus
  • State Of Chhattisgarh Through The District Magistrate, District Surguja
    Chhattisgarh.                                          ---- Respondent

17-09-2021 Mr. M.P.S. Bhatia, counsel for the appellant/s.

Mr. Ashutosh Mishra, PL for the State/respondent.

Heard on I.A. No. 01/2021 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 19.02.2021 passed by the Sessions

Judge, Ambikapur District Surguja, CG in Sessions Trial No. 113/2019.

Learned counsel for the appellant would argue that the evidence

of prosecution witnesses are not free from doubt and suffers from

contradiction and omissions and the learned trial Court relied upon the

evidence of injured witness Ramnath (PW-6) without taking into

consideration that it was a case of false implication.

On the other hand learned State counsel would oppose and

submit that the prosecution case and the conviction of the appellant is

based on number of eye witnesses particularly the injured witness

Ramnath (PW-6) the husband of the deceased who himself suffered

multiple stab injuries. The deceased died of multiple stab injuries.

Taking into consideration the submission and the material

evidence on the basis on which the conviction has been ordered, 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