Bhagchand Khelwar vs State Of Chhattisgarh
2022 Latest Caselaw 2792 Chatt

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                                                                                 NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1139 of 2021


 1.   Bhagchand Khelwar S/o Baratu Khelwar, Aged About 26 Years, R/o Village
      Rajoli, Police Station Ranchirai, District Balod (C.G.).
                                                                          ----Appellant
                                                                                (In Jail)
                                         Versus
 2.   State Of Chhattisgarh, Through Police Of Police Station Ranchirai, District
      Balod (C.G.).
                                                                     ---- Respondent

27/04/2022 Ms. Sangeeta Mishra, Advocate appears on behalf of Mr. Jitendra Gupta, Counsel for the appellant.

Mr. Shrestha Gupta, P.L. for the State/respondent.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 31/08/2021 passed by Sessions Judge Balod, District Balod (CG.) in S.T. No. 52/2018, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 457 of Indian R.I. for 5 years and fine of Rs. 1,000/-, in Penal Code. default of payment of fine additional R.I.

for 15 days.

Under Section 509(A) of R.I. for 5 years and fine of Rs. 1,000/-, in Indian Penal Code. default of payment of fine additional R.I.

for 15 days.

Under Section 376 of Indian R.I. for 10 years and fine of Rs. 2,000/-, Penal Code. in default of payment of fine additional R.I. for 1 month.

Under Section 323 of Indian R.I. for 1 year. Penal Code.

(All the sentences were directed to run concurrently)

Considering the facts and circumstances of the case, looking to the evidence of the prosecutrix PW-01 which finds due corroboration from the deposition of her husband PW-02 as also the medical evidence of PW-04 Dr. Smt. Rashmi Glad who found certain injuries on the body of the prosecutrix, only on the ground of delay in lodging FIR and for want of any evidence to prove false implication of the appellant, this Court is not inclined to suspend the jail sentence imposed upon the appellant and to release him on bail. Accordingly, the application (I.A. No. 01/2021) is rejected.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant