Maniram Pahadi Korwa vs State Of Chhattisgarh
2022 Latest Caselaw 4455 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                            ORDER SHEET
                                        CRA No. 993 of 2021
  Maniram Pahadi Korwa S/o Godro @ Godru @ Godaran Aged About 45 Years R/o
   Dudhi Tangar, Police Station Balco, Presently At Devpahri Middle School Kanya Shala,
   Police Station Lemru, District Korba (Chhattisgarh).                    ----Appellant
                                                  Versus
  State Of Chhattisgarh Through Police Station Lemru, District Korba (Chhattisgarh).
                                                                            ---- Respondent

Division Bench:-

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

13.07.2022 Shri Vivek Shrivastava, counsel for the Appellant.

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

Heard on I.A No.01/2021, an application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 18.08.2021 passed by the learned Sessions Judge, Korba (C.G.) in Session Trial No.48/2020, the appellant has been convicted and sentenced as under:-

                               Conviction                            Sentence

               U/s 302 of I.P.C.                       R.I. for life and fine of Rs.500/-, in
                                                       default to undergo additional R.I. for
                                                       6 months.

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 06.09.2020, 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 particularly the testimonial statements of Ram Singh Pahadi Korwa (PW-1), Meena (PW-2), Vijay Singh Sarthi (PW-3), Sonkunwar (PW-4) and Geeta Bai (PW-5) and further taking into consideration the memorandum statement (Ex.P-7), Seizure Memo (Ex.P-08 to

10), and F.S.L. Report (Ex.P-27), 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 Ram Singh Pahadi Korwa (PW-1), Meena (PW-2), Vijay Singh Sarthi (PW-3), Sonkunwar (PW-4) and Geeta Bai (PW-5) and further taking into consideration the memorandum statement (Ex.P-7), Seizure Memo (Ex.P-08 to 10), and F.S.L. Report (Ex.P-27), as also considering the fact that the wooden stick was seized from possession of the appellant, 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



vivek