Ram Singh vs State Of Chhattisgarh
2022 Latest Caselaw 2087 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                         CRA No.530 of 2019

                               Ram Singh Versus State Of Chhattisgarh




01/04/2022

Mr. D. N. Prajapati, counsel for the appellant.

Mr. Sudeep Verma, Dy. GA for the State.

Heard on IA No.1/2022, application for suspension of sentence and grant of

bail.

By the impugned judgment of conviction and sentence dated 22.02.2019

passed by the learned 2nd Additional Sessions Judge, District Surajpur in ST

No.61/18, the appellant has been convicted under Section 302 of IPC and

sentenced to undergo life imprisonment with default stipulations. Earlier the

application of the appellant for suspension of sentence and grant of bail was

dismissed as withdrawn vide order dated 15.05.2019.

Learned counsel for the appellant submits that the appellant is innocent and

has been falsely implicated in the present case. All the independent witnesses

have not supported the prosecution case before the Trial Court and the conviction

is based only on suspicion, which is against the criminal jurisprudence. He further

submits that the appellant is in jail since 29.04.2018 and the appeal will take long

time for its final hearing, therefore, the application may be allowed and substantive

jail sentence awarded to the appellant be suspended till the final disposal of this

appeal.

Learned State counsel opposes the prayer made by the appellant and

submits that the appellant is convicted for murder of his own wife. The statements

of PW-1 Budhulal, Medical Officer and Investigating Officer as well as the

documentary evidence prove the guilt of the appellant beyond reasonable doubt, therefore, the appellant is not entitled to be released on bail.

Heard learned counsel for the parties and perused the material available on

record.

The learned Trial Court has convicted the appellant on the basis of oral and

documentary evidence available on record as well as the circumstantial evidence

against him.

Considering the facts and circumstances of the case, particularly the

statements of PW-1 Budhulal, Medical Officer and Investigating Officer, we are not

inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, IA No.1/2022 is dismissed.

                    Sd/-                                                          Sd/-
             (Sanjay K. Agrawal)                                            (Rajani Dubey)
                   Judge                                                         Judge




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