Nanku Korwa vs State Of Chhattisgarh
2022 Latest Caselaw 7303 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               CRA No. 1693 of 2021

Nanku Korwa, Son Of Kartik Ram Korwa, Aged About 36 Years, Resident Of
Dhoroaama, At Present Resident Of Village Gahira, P.S. Lailunga, Tahsil Gharghoda,
District Raigarh, Chhattisgarh.

                                                                            ---- Appellant
                                     Versus
State Of Chhattisgarh, Through - Station House Officer, Police Station Lailunga,
District Raigarh, Chhattisgarh.

                                                                          ---- Respondent

05.12.2022 Mrs. Vijay Laxmi Soni, Advocate for the Appellant.

Mr. Afroz Khan, Panel Lawyer for the State.

Heard on I.A.No.2 & 3, applications under Section 389 of Cr.P.C.

for suspension of sentence and grant of bail.

The appellant has been convicted by the judgment dated

07.02.2015 passed by the learned Court below in S.T. No.170/2014 in

the following manner with a direction to run both the sentences

concurrently.

                     Conviction                                Sentence

              U/s. 302 of I.P.C.           : Life Imprisonment and fine of
                                             Rs.5,000/- in default of payment of
                                             fine, 2 years additional R.I.

              U/s. 201 of I.P.C.           : R.I. for 2 years and fine of Rs.500/- in
                                             default of payment of fine, 6 months
                                             additional R.I.

Learned counsel for the appellant submits that the appellant has

been falsely implicated in this case. He further submits that the trial Court by recording perverse finding has convicted the appellant and

the appeal will take some time for hearing; therefore, the appellant

may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail. He submits that appellant

has rightly been convicted by the trial Court for the aforesaid offences

by considering the admissible evidence available on record.

Taking into consideration the statement of Mukut Ram (PW-1),

Malikram (PW-2) & Dular Uraon (PW-3) and further considering the

findings recorded by the trial Court in para 19 & 20 of the impugned

judgment, we do not find that it is a fit case to suspend the sentence

and grant bail to the appellant. Accordingly, I.A.No.2 & 3 both are

rejected. However, considering the fact that the appellant is in jail

since 28.05.2014, we grant liberty to the appellant to move an

application for expedite hearing of the appeal.

                    Sd/-                                     Sd/-
              (Sanjay K. Agrawal)                    (Rakesh Mohan Pandey)
                   Judge                                    Judge




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