Shobhan Ram vs State Of Chhattisgarh
2022 Latest Caselaw 5154 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                               CRA No.1625 of 2015

                   Shobhan Ram Versus State of Chhattisgarh



12/08/2022

Ms. Itu Rani Mukherjee, Counsel for the Appellant.

Shri Arijit Tiwari, PL for the State.

Heard on I.A. No.1/2022, which is an application for

suspension of sentence and grant of bail.

The appellant stands convicted under Sections 302, 323 &

506-II of IPC and sentenced to undergo R.I. for life imprisonment, R.I.

for 2 months & R.I. for 1 year and to pay fine amount of Rs.2000/-,

Rs.500/- & Rs.1000/-, respectively, with usual default stipulation vide

judgment dated 31.10.2015 passed by the Sixth Additional Sessions

Judge, Ambikapur, Distruct Surguja, C.G. in S.T. No.12/2015.

Learned counsel for the appellant would submit that the

appellant is an insane, which would be evident from the statement of

Shanti Bai (PW-1) and under such insanity the offence was

committed. She would further submit that the appellant is in jail since

27.10.2014, therefore, the substantive jail sentence imposed upon the

appellant may be suspended and he may be released on bail.

Per contra, learned State counsel opposes the prayer for suspension of sentence and grant of bail.

Perused the statement of Shanti Bai (PW-1) along with

postmortem report and the statements of Dr. J. R. Kurre (PW-5) & Dr.

M. Nikunj (PW-9), having considered the same, we are not inclined to

suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.1 is rejected.

                 SD/-                                      SD/-

          (Goutam Bhaduri)                         (Radhakishan Agrawal)
                Judge                                    Judge




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