Dev Kumar Barle vs State Of Chhattisgarh
2022 Latest Caselaw 17 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                CR.A. No. 811 of 2021
Dev Kumar Barle, S/o. Shiv Kumar Barle, aged about 22 years, R/o. Khoplidih Para,
P.S.-Utai, District-Durg, Chhattisgarh.
                                                                   ---- Petitioner

                                        Versus

State of Chhattisgarh, Through : Police Station- Navai, District - Durg, Chhattisgarh.

                                                                      ---- Respondent

Mr. A.L. Singroul, counsel for the appellant. 03/01/2022 Mr. Kapil Maini, P.l. for the State.

Heard on I.A. No.1/2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail.

Appellant has been convicted by the judgment of conviction and

order of sentence dated 30.06.2021, passed in S.T. No.33/2019, by

the learned 7th Additional Sessions Judge, Durg, District- Durg (C.G.)

in the following manner:-

U/s. 302 of the Indian Penal : R.I. for life and fine of Rs.1000/-

              Code                           and in default of payment of fine,
                                             further undergo 2 months of
                                             rigorous imprisonment.

Learned counsel appearing for the appellant would submit that the appellant has been erroneously convicted by the trial Court without there being any evidence of prosecution beyond reasonable doubt. There is no eye-witness present in this case. The conviction is based only on the evidence of P.W.-3, before whom, the appellant made extra judicial confession. The extra judicial confession alone can not be made the basis of conviction. The appellant has good case to argue in this appeal. Therefore, it is prayed that the sentence awarded to the appellant may be suspended and he may be enlarged on bail.

Per contra, the learned State counsel opposes the prayer for suspension of sentence and grant of bail. It is submitted that there is strong evidence present regarding the circumstances, under which, the deceased was done to death by this appellant and also there is evidence of extra judicial confession present in the statement of P.W.- 3, therefore, there is no case made out for grant of bail to the appellant.

Considered on the submissions and perused the evidence present on record of the trial Court. Considering the same, we are of the view that it is not a fit case to suspend the sentence and release the appellant on bail.

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

Certified copy as per rules.

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




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