Shivcharan Lahre vs State Of Chhattisgarh
2022 Latest Caselaw 643 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                    CRA No. 895 of 2021
   Shivcharan Lahre S/o Jagat Ram Lahre, Aged About 30 Years, R/o Birra, Police Station
    Birra, District Janjgir-Champa Chhattisgarh
                                                                                ---- Appellant
                                          Versus
   State Of Chhattisgarh, through the Station House Officer, Police Station Birra, District
    Janjgir-Champa Chhattisgarh
                                                                            ---- Respondent

07/02/2022 Mr. Ashish Shukla, Advocate for the appellant.

Ms. Shivali Dubey, Panel Lawyer for the State/respondent. Heard on I.A.No.1/2021, 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 06-08-2021 passed in Sessions Trial No.09/2021 by the Sessions Judge, Janjgir-Champa, Chhattisgarh, in the following manner :-

             Conviction                       Sentence
             U/s 302 of the IPC               Life Imprisonment and fine of Rs.1,000/-, in

default of payment of fine 1 month additional R.I.

It is submitted by learned counsel for the appellant that conviction of the appellant in this case is totally erroneous and without there being any evidence of prosecution beyond reasonable doubt. Therefore, it it prayed that the appellant be enlarged on bail during pendency of this appeal.

Learned State counsel opposes the application and submits that conviction of the appellant is based on the statement of eye-witnesses, Ramesh Kumar Sahu (PW-3) and Motilal (PW-4). Therefore, no case is made out for grant of bail.

Heard learned counsel for the parties and perused the record of the trial Court.

Considered on these submissions. After perusing the evidence present in the record of the case, we are of the view that it is not a fit case for grant of bail.

Accordingly, I.A.No.1/2021, application for suspension of sentence and grant of bail is rejected.

List this case for final hearing in due course.

                       Sd/-                                        Sd/-
                 (R.C.S. Samant)                         (Arvind Singh Chandel)
                    Judge                                         Judge




Aadil