Premsai Lakra vs State Of Chhattisgarh
2022 Latest Caselaw 7398 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                             CRA No. 637 of 2021
• Premsai Lakra S/o Bajru Lakra Aged About 40 Years R/o Diwanpur Maratarai,
  Police Station Pathalgaon, District Jashpur, Chhattisgarh.
                                                                         ---- Appellant
                                       Versus
• State Of Chhattisgarh Through - Officer In Charge, Police Station Pathalgaon,
  District Jashpur, Chhattisgarh.
                                                                     ---- Respondent

08/12/2022 Shri Sanjay Agrawal, Counsel for the Appellant.

Shri Ashutosh Mishra, P.L. for the State.

Heard on I.A. No. 01 i.e. application for suspension of sentence

and grant of bail.

Appellant has been convicted by the judgment dated

22/01/2021 passed in Sessions Trial No.03/2020 passed by the

Court below in the following manner with a direction to run all the

sentences concurrently:-

U/s 302 of IPC : Life imprisonment and 1000 Rupees fine in default, R.I. for 1 year in addition

Learned Counsel for the appellant submit that the entire

conviction is based on statement of PW-1 (Gosai Ram). He further

submits that PW-1 has completely denied the statement and has turned hostile and nothing can be elicited. He further submits that

FSL report shows blood stains are present on the cloth and the knife

but nothing is on record to show the blood group and prove whether

the blood is of the deceased or not. He refers to the case of

Sattatiya Alias Satish Rajanna Kartalla Vs. State of

Maharashtra reported in (2008) 3 SCC 210. He further submits

that the appellant has been falsely implicated, therefore, the

appellant may be released on bail.

Learned State Counsel opposes the prayer for grant of bail

and read out the statement of PW- 1 ( Gosai Ram) and submits that

there is no explanation as to how the blood stains came to the cloth

and knife.

Considering the facts and circumstances of the case and after

perusal of FSL report, though FSL report shows that blood stains are

present in the cloth and knife but there is nothing on record to show

the blood group and to prove whether the blood is of deceased or

not. Further considering the fact that PW- 1 has turned hostile and

further taking into consideration the circumstantial evidence, we are

inclined to release the appellant on bail.

Accordingly, I.A. 01 application for suspension of sentence

and grant of bail is allowed.

Execution of further substantive jail sentence imposed on

appellant shall remain suspended and he is directed to be released on

bail on his executing a personal bond for a sum Rs.25,000/- with one

surety for the like sum to the satisfaction of the trial Court for his

appearance before the Registry of this Court on 20th February,2023

He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all

such subsequent dates as are given to him by the said Court, till the

disposal of this appeal.

                      Sd/-                             Sd/-
                (Goutam Bhaduri)                (N . K. Chandravanshi)
                    Judge                            Judge




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