Ishwar Prasad vs State Of Chhattisgarh
2022 Latest Caselaw 5058 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet
                                       CRA No. 828 of 2021
                             Ishwar Prasad Versus State of Chhattisgarh
    Division Bench:

    Hon'ble Shri Justice Sanjay K. Agrawal &
    Hon'ble Shri Justice Sanjay S. Agrawal




05/08/2022        Ms. Savita Tiwari, Advocate for the appellant.

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

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

By impugned judgment of conviction and order of sentence dated 22.06.2021, the appellant has been convicted for offence under Section 363 of IPC and sentenced to undergo 01 year's rigorous imprisonment with fine of Rs.500/- and, in default of fine, additional rigorous imprisonment of 01 month and also under Section 364(A) of IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.1,000/- and, in default of fine, additional rigorous imprisonment of 03 months.

Learned counsel for the appellant submits that the appellant is in jail since 15.03.2019. He has not committed any offence and has been falsely implicated. It is further submitted that the conviction of the appellant is premised upon conjectures and surmises. There are major contradiction and omission in the statements of prosecution witnesses. He further submits that the learned trial Court without appreciating the oral and documentary evidence available on record convicted the appellant for the aforementioned offence by recording perverse findings, which is contrary to record, thus, appellant be enlarge on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that the appellant, being a relative, has firstly abducted/kidnapped minor child of the complainant, who is aged about 06 years and, thereafter, demanded ransom of Rs.3 lac. from his father. By taking this Court to the statement of minor child- Mahendra Sahu (PW-04) and his father- Shravan Sahu (PW-04) coupled with other evidence available on record i.e. Call Details of of Mobile No.8827439785 (Ex.P/12), from which the appellant has demand ransom from the father of the minor child, he submits that there is sufficient material available on record to connect the appellant-accused with the offence and the learned trial Court has rightly convicted the appellant for the offence aforementioned and, therefore, the present application deserves to be rejected.

After hearing learned counsel for the parties and taking into consideration the material available on record, particularly the statements of minor child- Mahendra Sahu (PW-04) and his father- Shravan Sahu (PW-04), wherein they have clearly narrated the incident occurred with them, coupled with other evidence available on record i.e. Call Details of of Mobile No.8827439785 (Ex.P/12), which is duly proved by Chandrakant Tiwari (PW-11), etc., we do not see any good reason to entertain this application for suspension of sentence and grant of bail and same deserves to be rejected.

Accordingly, IA No.01 is rejected.

                             Sd/-                                   Sd/-
                      (Sanjay K. Agrawal)                  (Sanjay S. Agrawal)
                           Judge                                   Judge




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