Chandrakumar @ Bhaku Prajapati vs State Of Chhattisgarh
2022 Latest Caselaw 2794 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                       CRA No. 1367 of 2021
                 Chandrakumar @ Bhaku Prajapati Versus State of Chhattisgarh




27/04/2022        Mr. Nasimuddin Ansari, Advocate for the appellant.

                  Mr. Kapil Maini, Panel Lawyer for the respondent-State.

Heard on IA No.01 of 2021, which is first application filed by the appellant under Section 389 of Cr.P.C. for suspension of sentence and grant of bail.

By impugned judgment of conviction and order of sentence dated 25.09.2021, the appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/- and, in default of fine, additional simple imprisonment of three months.

Learned counsel for the appellant submits that the appellant is in jail since 17.09.2019 and learned trial Court has committed grave legal error in convicting the appellant by considering irrelevant evidence and recording perverse findings and, as such, the appellant deserves to be enlarged on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that there is ample evidence available on record to connect the appellant with the said offences and, therefore, the application is liable to be rejected.

Having heard learned counsels for the parties and going through the material available on record and specially taking into consideration the evidence of last seen together, memorandum statement (Ex.P/06), seizure memo (Ex.P/07 to 09) and the FSL report (Ex.P/23), we do not see any good ground to entertain this application. Accordingly, IA No.01 of 2021 is rejected.

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