Vijendra @ Ajay Singh Gond vs State Of Chhattisgarh
2022 Latest Caselaw 3149 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                                Order Sheet

                                          CRA No.747 of 2021

                       Vijendra @ Ajay Singh Gond Versus State Of Chhattisgarh




29/04/2022

Mr. H. K. Agrawal, counsel for the appellant.

Mr. Anmol Sharma, PL for the State.

Heard on IA No.1/2021, application for suspension of sentence and grant of bail.

By the impugned judgment of conviction and sentence dated 09.04.2021

passed by the learned 2nd Additional Session Judge, Manendragarh, District Koriya

in ST No.120/2017, the appellant has been convicted for murder of his wife under

Sections 302 & 201 of IPC and sentenced to undergo life imprisonment and RI for 5

years, respectively, with default stipulations, thus the present application for

suspension of sentence and grant of bail has been preferred.

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

has been falsely implicated in the present case. He further submits that there is no

eye witness in the present case and the appellant is in jail since 01.09.2017, as such

the appellant is entitled to be released on bail.

Learned State counsel opposes the prayer made by the appellant and

submits that the appellant has committed murder of his own wife and the

prosecution has proved its case against the appellant, as such the appellant is not

entitled to be released on bail.

We have heard learned counsel for the parties and perused the material

available on record.

Considering the facts and circumstances of the case, nature and gravity of

the offence and after going through the material evidence available on record, particularly FIR (Ex-P/2), memorandum of accused (Ex-P/6), PM report (Ex-P/16)

and the human blood found in the recovered axe vide FSL report (Ex-P/23), we do

not consider the present to be a fit case for grant of bail to the appellant.

Accordingly, IA No.1/2021 is dismissed.

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




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