Monoj Sarthi vs State Of Chhattisgarh
2022 Latest Caselaw 4456 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                          ORDER SHEET
                                       CRA No. 1364 of 2021
 Monoj Sarthi S/o Jaitram Sarthi, Aged About 33 Years R/o Atal Awas, Sakri, Police
  Station Sakri, District Bilaspur Chhattisgarh.                     ---- Appellant
                                                  Versus
 State Of Chhattisgarh Through Police Station Sakri, District Bilaspur 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 Arijit Tiwari, 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 28.09.2021 passed by the Second Additional Sessions Judge, Bilaspur (C.G.) in Session Trial No.141/2019, 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 S.I. for 6 months.

                 U/s 324 of I.P.C.         R.I. for 01 year and fine of Rs.500/-, in

default to undergo additional S.I. for 6 month

Both the sentences are directed to be run concurrently.

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 06.06.2019, 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 particularly the testimonial statements of Pramila Sarthi (PW-2), Dhannu Sarth (PW-6), and further taking into consideration the memorandum statement (Ex.P-12), Seizure Memo (Ex.P- 13 to 16), and F.S.L. Report (Ex.P-30), 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 oral and documentary evidence available on record and pursuant to the testimonial statements of Pramila Sarthi (PW-2), Dhannu Sarth (PW-6), and further taking into consideration the memorandum statement (Ex.P-12), Seizure Memo (Ex.P-13 to 16), and F.S.L. Report (Ex.P-

30), as also considering the fact that the knife 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