Dhansingh Naagwansi Alias Roopan ... vs State Of Chhattisgarh
2022 Latest Caselaw 522 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                               CR.A. No. 149 of 2021
Dhansingh Naagwansi alias Roopan Naagwansi S/o Lt. Bihanu, aged about 60
years, R/o. Village Sakin Mudapara Begapara, Thana Pathalgaon, District Jashpur
Chhattisgarh.
                                                                ---- Petitioner

                                       Versus

State of Chhattisgarh, Through : Police Station Pathalgaon, District Jashpur
Chhattisgarh.

                                                                      ---- Respondent

Mr. Sanjay Agrawal with Mr. Mohit Kumar, counsel for the 28/01/2022 appellant.

Mr. Sudeep Verma, Dy.G.A. for the State.

Mr. Amit Singh Chouhan, counsel for complainant/objector.

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 21.12.2020, passed in S.T. No.12/2019, by

the learned Special Sessions Judge, Jashpur, District - Jashpur

(C.G.) in the following manner :-

U/s. 302 of the Indian Penal : Life imprisonment and fine of Code Rs.1500/- and in default of payment of fine, further undergo 1 year R.I. more Learned counsel appearing for the appellant would submit that the conviction of the appellant is erroneous and not based on the evidence brought beyond all reasonable doubts. The conviction of the appellant is based only on the evidence of Malti Nag (P.W.-5), who happens to be the wife of the deceased Jainath and further she has stated that there was land dispute between her husband and appellant, therefore, she has interest to see that the appellant is convicted, because of which her evidence was not trustworthy and believable. Hence, the conviction against the appellant is unsustainable. 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 the prosecution has proved its case beyond all reasonable doubt and there is no scope for interference in this appeal. Hence, the application be rejected.

Considered on the submissions and perused the evidence present on record of the trial Court. Considering the same, we are of the considered 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.

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




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