Nand Kishor Devangan vs State Of Chhattisgarh
2022 Latest Caselaw 999 Chatt

Citation : 2022 Latest Caselaw 999 Chatt
Judgement Date : 23 February, 2022

Chattisgarh High Court

Nand Kishor Devangan vs State Of Chhattisgarh on 23 February, 2022

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                                                                                 NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 867 of 2021



1.    Nand Kishor Devangan S/o Chamar Rai Devangan, Aged About 53 Years,
      R/o Ravanbhata Para, Police Station Pithora, District Mahasamund (C.G.)
                                                                         ---- Appellant
                                                                                (In Jail)
                                         Versus
2.    State Of Chhattisgarh,           Through     Police   Station   Pithora,   District
      Mahasamund (C.G.).
                                                                      ---- Respondent

23/02/2022 Mr. Utkal Pradhan, Counsel for the appellant.

Mr. Adil Minhaj, Govt. Advocate for the State/Respondent.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 29/07/2021 passed by Sessions Judge, District Mahasamund (CG.) in Sessions Trial No. 38/2019, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 306 of the R.I. for 05 years with fine of Rs. 500/- and Indian Penal Code on default of payment of fine amount additional R.I. for 1 month.

Considering the facts and circumstances of the case, the deposition of PW-05 Santoshi, mother of the deceased, further considering the dying

declaration of the deceased where she stated that she committed suicide because her father-in-law/appellant was persistently pressuring her to have physical relation with him and on her refusal, would abuse her filthily and other material available on record, without commenting anything on merits of the case, I am not inclined to suspend the jail sentence imposed upon the appellant and to release him on bail. Accordingly, the application (I.A. No. 01/2021) is rejected.

List this case for final hearing in the week commencing 18/07/2022.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant