Narayan Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 7381 Chatt

        HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                           CRA No. 1500 of 2021

                Narayan Yadav -Versus- State Of Chhattisgarh




07.12.2022

Mr. J.A.Lohani, Advocate for the Appellant.

Mr. Sudeep Verma, Dy. Govt. Advocate for the State.

Heard on I.A.No.2, application for suspension of sentence

under Section 389 of Cr.P.C.

The appellant stands convicted by the judgment dated

11.10.2017 passed by the learned Court below in S.T.

No.174/2016 for the offence under Section 302 of Indian Penal

Code and sentenced him to Life Imprisonment and fine of

Rs.3000/- with usual default stipulation.

Learned counsel for the appellant submits that the appellant

has been falsely implicated as he has not committed any offence.

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, he 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 offence under

Section 302 of I.P.C. by considering the admissible evidence

available on record.

Taking into consideration the statement of Bodhin Bai (PW-1)

and considering the FSL report (Ex.P-32) in which in article "A1,

A2, B, C, D1 & D2" human blood was found and in article 'B & C'

human blood of 'A' group has been found, 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 is rejected. However, considering the fact

that the appellant is in jail since 22.08.2016, 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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