Narendra Soni vs State Of Chhattisgarh
2022 Latest Caselaw 2211 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                     CRA No. 421 of 2021
                      Narendra Soni and another Versus State of Chhattisgarh



06/04/2022        Mr. Uttam Pandey, Advocate for the appellants.

                  Ms. Madhunisha Singh, Additional Advocate General for the respondent-

State.

Heard on IA No.02, which is an application filed under Section 389(2) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant No.2- Smt. Pinki Soni.

By impugned judgment of conviction and order of sentence dated 16.03.2021, the appellant No.2 has been convicted for offence under Section 304- B of IPC and sentenced to undergo life imprisonment.

The first application for suspension of sentence and grant of bail moved on behalf of both the appellants was dismissed as withdrawn by order of this Court dated 22.07.2021. Thereafter, instant application has been filed on behalf of appellant No.2 only.

Learned counsel for the appellant submits that the appellant No.2 being a lady, aged about 36 years, has suffered in jail for prolonged period. She has been falsely implicated and there are major contradictions and omissions in the statements of prosecution witnesses and the learned trial Court has committed grave legal error in convicting the appellant No.2 by considering irrelevant evidence and recording perverse findings and, as such, she deserves to be enlarged on bail by suspending her jail sentence.

Per-contra, learned State counsel opposed the application and submits that there are ample evidence available on record to connect the appellant with the said offences and the learned trial Court has rightly convicted the appellant No.2 for offence under Section 304-B of IPC, therefore, the application is liable to be rejected.

Having heard the learned counsels for the parties and after going through the material available on record and particularly considering the statement of PW-5, Meena Shukla and statement of PW-6, Amarnath Shankar coupled with other material available on record, we do not find any good ground for entertaining the application for suspension of sentence and grant of bail. Accordingly, IA No.02 is rejected.

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




[email protected]