Bholu Singh Gond vs State Of Chhattisgarh
2022 Latest Caselaw 645 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                            CRA No. 542 of 2020

               Bholu Singh Gond, S/o Baliram Gond, Aged About 24 Years, Resident Of Village
                Gourkheda, Police Station Gourela, District Gourela Pendra Marwahi
                Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh

                                                                                   ---- Appellant

                                                  Versus

               State of Chhattisgarh Through Station House Officer, Police Station-Gourela,
                District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-
                Marwahi, Chhattisgarh

                                                                                ---- Respondent

07/02/2022 Mr. Vivek Kumar Agrawal, Advocate for the appellant.

Ms. Shivali Dubey, PL for the State.

Heard on IA No.2/2020, application for suspension of sentence and grant of bail.

By the impugned judgment dated 03/03/2020 passed by the learned Additional

Sessions Judge, Pendra Road, District-Bilaspur(Chhattisgarh) in Session Trial No.- 14/2019,

the Appellant stands convicted as under:-

                         Conviction                                       Sentence

             U/s 302 of Indian Penal Code         : Life imprisonment & fine of amount Rs.100/- and in

default of payment of fine further 15 days additional rigorous imprisonment.

It is submitted by the counsel for the appellant that conviction of the appellant under Section 302 of IPC is totally erroneous without there being any evidence of prosecution beyond reasonable doubt. There is no eyewitness of the incident. The fact was this that the deceased has died at the time when she was delivering a child, therefore, the whole case of prosecution is doubtful, therefore, it is prayed that he may be released on bail during the pendency of appeal.

On the other hand, Learned counsel for the State has opposed the bail application and submits, that prosecution has proved its case beyond reasonable doubt. There is clear opinion of the doctor conducted postmortem examination Dr. Smt. Subhadra Paikra PW-5, that the death of the deceased had been homicidal and her death had occurred in the privacy of the house of this appellant, therefore, there is no case present for grant of bail to the appellant, therefore, the application be rejected.

We have heard both the parties and perused the record of the trial Court.

Considered on the submissions and also perused the evidence present in the record of the trial Court. We are of the view that it is not a fit case for suspension of sentence and grant of bail to the appellant.

Accordingly, the bail application is rejected.

List this case for final hearing in due course.

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




Nisha