Citation : 2022 Latest Caselaw 808 Chatt
Judgement Date : 16 February, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 711 of 2016
• Ramnandan S/o Late Doku Bhuiya Aged About 45 Years R/o Vill Bulgaon, Thana
Ramanujganj, District- Balrampur - Ramanujganj, Chhattisgarh
---- Appellant
Versus
• State Of Chhattisgarh Through Officer-In-Charge, Police Station - Ramanujganj District-
Balrampur - Ramanujganj, Chhattisgarh
---- Respondent
16/02/2022 Mr. B.P. Rao, counsel for the appellant/s.
Mr. Sudeep Verma, Dy. G.A. for the State.
Heard on application (I.A. No.2/2016) for suspension of sentence and grant of bail.
By the impugned judgment dated 15.02.2016 passed by the learned Additional Sessions Judge, Ramanujganj (C.G.) in Sessions Trial No.436/2011, the appellant stands convicted as under:-
Conviction Sentence
Under Section 302 of IPC Life imprisonment and fine of
Rs.500/-, in default of payment of fine
amount, additional 50 days rigorous
imprisonment.
Learned counsel for the appellant submits that the conviction of the
appellant is totally erroneous and bad in law. There is no direct evidence present against the appellant and further the chain circumstances have not
been fully proved by the prosecution, therefore, the conviction is not sustainable. Hence, it is prayed that the appellant may be released on bail.
On the other hand, learned State counsel opposes the bail application and submits that this case is based on circumstantial evidence and chain of circumstances have been proved by the prosecution, therefore, no case is made out for grant of bail to the appellant.
Considered on the submissions and after looking to the evidence present in the record, we do not find any good ground for grant of bail to the appellant.
Application (I.A. No.2/2016) for suspension of sentence and grant of bail is accordingly rejected.
Taking into consideration that the appellant is in jail from the date of his arrest i.e. 01.10.2011 and the case has not come up for final hearing till date, hence, Registry is directed to list this case for final hearing on urgent basis in the month of March, 2022.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
Ravi
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