Bir Singh vs State Of Chhattisgarh
2022 Latest Caselaw 4397 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                   CRA No. 575 of 2020

      Bir Singh S/o Vishram Singh Dhanuhar, aged about 40 years, R/o Village -
       Basaha, Dhanuharpara, Police Station - Seepat, District Bilaspur, C.G.

                                          Versus

    State of Chhattisgarh, through Station House Officer of Police Station - Seepat,
       District Bilaspur, C.G.

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sanjay S. Agrawal




11.07.2022         Mr. Roop Naik, counsel for the appellant.


                   Mr. Anmol Sharma, PL for the State / respondent.

Heard on I.A. No.1/2020, application for suspension of sentence and

grant of bail.

By the impugned judgment of order of sentence dated 17.02.2020

passed by the 6th Additional Session Judge, Bilaspur, C.G. in Sessions Trial

No.103/2019, appellant has been convicted as under:-

                      Conviction                               Sentence

             U/s 323 of I.P.C.           Imprisonment for 6 months.

             U/s 302 of I.P.C.           Life imprisonment and fine of Rs.100/- in default
                                         of payment of fine amount 6 months R.I.

Learned counsel for the appellant submits that there is no evidence

against the appellant and he has been falsely implicated in crime in question.

Learned counsel further submits that eye witnesses have not supported the

case of the prosecution; he is in custody since 04.04.2019 and, therefore, the

aforesaid sentence against the appellant may be suspended and appellant

may be released on bail.

Per contra, learned State counsel opposes the application for

suspension of sentence and grant of bail and submits that considering the

statements of witness Manglin Bai (PW-2), who got injured at the time of

incident, witness Ful Singh, (PW-4), have supported the case of the

prosecution; pursuant to the memorandum statement (Ex.P/7) bamboo stick

has been recovered {property seizure memo (Ex.P/8)}; in FSL report (Ex.P/24)

blood has been found on some articles and, therefore, the present case is not

a fit case to suspend the sentence and grant bail.

Taking into consideration the materials available on record and

statements of witnesses Manglin Bai (PW-2) & Ful Singh (PW-4) have

supported the case of the prosecution; as per the memorandum statement

(Ex.P/7) bamboo stick has been recovered {property seizure memo (Ex.P/8)},

which was used as weapon in offence and in FSL report (Ex.P/24) blood has

been found on some articles, we do not find it to be a fit case for suspension of

sentence and grant of bail. Accordingly, I.A. No.1/2020 is rejected.

                       Sd/-                                      Sd/-
               (Sanjay K. Agrawal)                       (Sanjay S. Agrawal)
                     Judge                                     Judge

Ankit