Devnarayan vs State Of Chhattisgarh
2022 Latest Caselaw 223 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 733 of 2021

• Devnarayan, S/o Shaniram, Aged about 26 years, R/o Village Judwain, Korkotoli,
  Chowki, Ara, District- Jashpur (C.G.).

                                                                      ---- Appellant

                                     Versus

• State of Chhattisgarh, through- Out Post Ara, Police Station- Jashpur, District
  Jashpur (C.G.).

                                                                   ---- Respondent

12.01.2022 Mr. Shikhar Sharma, counsel for the Appellant.

Mr. Devesh Verma, G.A. 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 12.01.2021 passed in Sessions Case No. 56/2019 by the learned Sessions Judge, Jashpur, District- Jashpur (C.G.), the appellant stands convicted as mentioned below:

                  Conviction             Sentence                In Default

             U/s 302 of the IPC Life          imprisoment In default of payment of

and fine amount of fine amount additional RI Rs.1000/-. for 01 month.

Learned counsel for the appellant submits that the appellant is innocent and conviction of the appellant by the learned trial Court is totally erroneous and without support the evidence of prosecution beyond reasonable doubt. Hence, the conviction is bad in law, it is prayed that the application of the appellant may be allowed during the pendency of appeal.

On the other hand, learned counsel for the State has opposed the bail application and submissions made in this respect. He further submits that it is clear case of murder which has been proved by the prosecution beyond reasonable doubt and there are four eye witnesses namely Smt. Manki Devi (PW-03), Jeetu Singh (PW-06), Smt. Munait Bai (PW-07) and Smt. Bhagpati Devi (PW-

08) who have witnessed the incident, therefore, no error has been committed by learned trial Court in convicting the appellant, it is a clear case of conviction of offence and the conviction is sustainable, therefore, the application may be rejected.

Considering on the submissions made by the learned counsel for the parties, perused the record of the trial Court, we are of the considered view that it is not a fit case where such an application should be allowed.

Accordingly, application (I.A. No. 01/2021) for suspension of sentence and grant of bail is rejected.

List this case for final hearing in its due course.

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




Vasant