Shivkumar Mandavi vs State Of Chhattisgarh
2022 Latest Caselaw 5373 Chatt

                  T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRA No. 1574 of 2021
                   Shivkumar Mandavi Versus State Of Chhattisgarh

DB
Hon'ble Shri Sanjay K. Agrawal and
Hon'ble Shri Sachin Singh Rajput JJ.



     24.08.2022        Mr. Roop Naik, Counsel for the appellant.

                       Mr. Ashish Tiwari, G. A. for the State/respondent.

Heard on I.A.No.01 of 2021, which is an application for

suspension of sentence and grant of bail.

By impugned judgment of conviction and order of sentence

dated 25.09.2021 passed by the learned Upper Sessions Judge,

Dhamtari (CG) in ST No.14/2020, whereby the appellant has been

convicted and sentenced in the following manner:-

                              Conviction                         Sentence

                     Under Section 302 of I.P.C.     Life imprisonment and fine of
                                                     Rs. 1000/- and in default of
                                                     payment of fine additional R.I.
                                                     for 6 Months.

                     Under Section 307 of I.P.C.     R.I. for 7 years and fine of
                                                     Rs.1000/- and in default of
                                                     payment of fine Additional R.I.
                                                     for 6 months.

                     Under Section 458 of IPC        R.I. for 7 years and fine of
                                                     Rs.1,000/- and in default of
                                                     payment of fine Additional R.I.
                                                     for 6 months.

Learned counsel for the appellant submits that the appellant is

in jail since 30.10.2019. He has not committed any offence and has

been falsely implicated. He further submits that the learned Court

below has wrongly appreciated the material witnesses and

convicted the appellant. Thus, appellant be enlarged on bail by

suspending his jail sentence.

Per-contra, learned State counsel opposed the application and

submits that PW-1( Mannu Ram) and PW-5 (Meena Bai) injured

eye-witness have categorically stated against the appellant. State

counsel further submits that there is sufficient material available on

record to connect the appellant-accused person with the offence

and the learned trial Court has rightly convicted the appellant for the

offences aforementioned and, therefore, the present application

deserves to be rejected.

After hearing the learned counsel for the parties and taking into

consideration the material available on record particularly the

statements of PW-1( Mannu Ram) and PW-5 (Meena Bai) injured

eye-witness and other evidence available on record, we do not see

any good reason to entertain this application for suspension of

sentence and grant of bail and the same deserves to be rejected.

Accordingly, I.A.No.01 of 2021 is rejected.

                     Sd/-                                        Sd/-

             (Sanjay K. Agrawal)                      (Sachin Singh Rajput)
                    Judge                                    Judge
Parul