Sukhuram Mandavi vs State Of Chhattisgarh
2022 Latest Caselaw 4422 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                           ORDER SHEET
                                      CRA No. 1321 of 2021
  Sukhuram Mandavi S/o Aasharam Mandavi Aged About 45 Years R/o Sadakpara
   Pusavad, Police Station Doundi District Balod Chhattisgarh. ---- Appellant
                                                  Versus
 State Of Chhattisgarh Through Station House Officer, Police Station Doundi District
  Balod Chhattisgarh.                                                ---- Respondent

Division Bench:-

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

12.07.2022 Shri C.R. Sahu, counsel for the Appellant.

Shri Anmol Sharma, Panel Lawyer for the State/Respondent.

Heard on I.A No.01, an application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 21.09.2021 passed by the First Additional Sessions Judge, Balod, District Balod (C.G.) in Session Trial No.01/2020, the Appellant stands convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment with fine of Rs. 100/-, and in default of payment of fine amount further R.I. for 30 days.

Learned Counsel for the Appellant submits that the Appellant has been falsely implicated in the matter and he is not involved in the crime in question. He submits further that the Appellant is in jail since 06.10.2019, and therefore, he may be released on bail.

On the other hand, learned state counsel opposes the bail application on the submission that taking into consideration the statements of Uderam Gada (PW-1), Preetram Nureti (PW-2), Shankarlal Netam (PW-3) and Biharilal Kange (PW-4) and further taking into consideration the Seizure Memo (Ex.P- 05 to 07), Memorandum (Ex.P-8) and F.S.L. Report (Ex.P-19), the present appellant is not entitled to be released on bail.

We have heard learned counsel for the parties and perused the entire record carefully.

Taking into consideration the submission made by learned counsel for the parties as also considering the material available on record, statements of Uderam Gada (PW-1), Preetram Nureti (PW-2), Shankarlal Netam (PW-3) and Biharilal Kange (PW-4) and further considering Seizure Memo (Ex.P-5 to 07), Memorandum (Ex.P-8) and in F.S.L. Report (Ex.P-19) as also considering the fact that the wooden plank was found inside the house, which was being used as weapon to commit the offence as also bloodstained was found on the same, we are not inclined to release the Appellant on bail.

Accordingly, I.A No.01 is rejected.

                      Sd/-                                            Sd/-


               (Sanjay K. Agrawal)                              (Sanjay S. Agrawal)
                   JUDGE                                              JUDGE




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