Mahesh Kumar vs State Of Chhattisgarh
2022 Latest Caselaw 7376 Chatt

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           HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 627 of 2022

Mahesh Kumar S/o Late Gariba Ram Aged About 40 Years R/o Village
Khadghowa, P. S. Batouli, District Surguja Chhattisgarh

                                                        ---- Appellant

                                 Versus

 State Of Chhattisgarh Through Station House Officer, P. S. Batouli,
 District Surguja Chhattisgarh

                                                      ---- Respondent

DB Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Rakesh Mohan Pandey

07.12.2022 Mr. Nishikant Sinha, counsel for the appellant.

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

Heard on I.A. No. 1 of 2022, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 29.03.2022, in Sessions Trial No.32/2021, passed by the learned First Additional Sessions Judge, Ambikapur, District- Surguja (C.G.) in the following manner with a direction to run both the sentences concurrently:-

Conviction Sentence U/s. 302 of Indian Penal Life Imprisonment and fine Code. amount of Rs.1,000/-, in default of payment of fine amount, further R.I. for 3 months.

U/s. 302 of Indian Penal Life imprisonment and fine Code. amount of Rs.1,000/-, in default of payment of fine amount, further R.I. for 3 months.

Mr. Nishikant Sinha, learned counsel for the appellant submits that the conviction and sentence passed against the appellant by the trial Court is erroneous as the material prosecution witnesses, namely, Son Sai (PW-1) & Kailash (PW-8) have turned hostile and they have not supported the case of the prosecution. Therefore, the appellant has good ground to succeed in this appeal. Hence, the application may be allowed and the appellant may be enlarged on bail.

Learned counsel for the appellant placed reliance on the judgment of this High Court in the case of Hariram Merawai v. State of Chhattisgarh in Criminal Appeal No. 690 of 2013.

Per contra, Mr. Ashish Tiwari, G.A. for the State, opposes the prayer made by learned counsel for the appellant.

Taking into consideration the evidence available on record and particularly, on the farsa used in the offence which is a weapon seized, pursuant to the memorandum statement and on which human blood has been found in the FSL report (Ex.P/20) and other

material available on record, we do not find it to be a fit case for suspension of sentence and grant of bail to the appellant.

Accordingly, I.A. No. 1 of 2022, application for suspension of sentence and grant of bail is rejected.

             Sd/-                                Sd/-

        (Sanjay K. Agrawal)           (Rakesh Mohan Pandey)
              Judge                             Judge




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