Kurami Bandi vs State Of Chhattisgarh
2022 Latest Caselaw 2215 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                               CRA No. 1361 of 2021

  • Kurami Bandi S/o Kurami Ganga, aged about 50 Years, R/o Patelpara Urmapal,
    Chowki- Chhindgarh, P. S. Sukma, District- Sukma Chhattisgarh.

                                                                        ---- Appellant

                                       Versus

  • State of Chhattisgarh Through Station House Officer, Police Station Sukma,
    Chowk Chhidgarh, District Sukma Chhattisgarh.

                                                                    ---- Respondent

06.04.2022 Ms. Itu Rani Mukharjee, counsel for the Appellant.

Mr. Anmol Sharma, PL for the State.

Heard on application filed under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail.

By the impugned judgment dated 08.10.2021 passed by the

learned Additional Sessions Judge, Fast Track Court, South Bastar,

Dantewada (C.G.) in Sessions Case No. 209/2016, the appellant

stands convicted as under:-

                  Conviction                        Sentence

             U/s 302 of IPC        Life Imprisonment and fine of Rs. 100/-
                                   with default stipulation.

Learned counsel for the appellant would submit that the

appellant is innocent and has been falsely implicated in this case. She further submits that Virendra (PW-2) is a child witness and he

has not supported the case of the prosecution. Furthermore,

Guddi (PW-3), husband of the deceased, has also not supported

the prosecution case, therefore, the appellant may be enlarged

on bail.

On the other hand, learned State counsel opposes the

argument advanced by learned counsel for the appellant.

Heard counsel for the parties and perused the material

available on record.

Taking into consideration the statement of Virendra (PW-2),

eyewitness and further considering the fact that as per

memorandum statement of the appellant, bloodstained Axe was

seized in which, as per the FSL Report (Ex. P/23), human blood

was found, we are of the considered opinion that the present is

not a fit case to release the appellant on bail.

Accordingly, application for suspension of sentence and

grant of bail is rejected.

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




V/-