Indrajit Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 4481 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                    Criminal Appeal No.506 of 2020

Indrajit Sahu S/o Ishwar Sahu, aged about 21 years, R/o Shankarpur Ward
No.09, P.S.-Rajnandgaon, Distt-Rajnandgaon (CG)

                                                                     -----Appellant
                            Versus
State of Chhattisgarh Through the Police Station Rajnandgaon, Distt-
Rajnandgaon
                                                      -----Respondent

Division Bench:-

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

14/7/2022 Ms Bulbul Agrawal, counsel for the appellant.

Mr.Kapil Maini, P.L. for the respondent/State.

Heard on I.A.No.02/2020 for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 06.11.2019 the Additional Sessions Judge, Rajnandgaon in Sessions Trial No.71/2018 convicted the appellant for offence under Section 302 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.2000/-, in default of payment of fine, to further undergo R.I. for two years. He has challenged the same in this appeal.

Ms Bulbul Agrawal, learned counsel for the appellant, would submit that there is no evidence against the appellant to convict him for offence under Section 302 of the IPC and he has been convicted by recording a finding perverse to record and based on irrelevant evidence and as such, it is a fit case where bail should be granted to the appellant .

On the other hand, Mr.Kapil Maini, learned Panel Lawyer for the respondent/State, would submit that Virendra Thakur (PW-2) is the witness who has last seen the appellant and the deceased and on the basis of memorandum statement of the appellant (Ex.P-8), gupti used in commission of offence has been rercovered vide Ex.P-12 and in FSL report (Ex.P-32), blood has been found in said gupti and as such, it is not a case where bail should be granted to the appellant.

We have heard learned counsel for the parties and perused the records.

Taking into consideration the material available on record particularly the statement of Virendra Thakur (PW-2) and pursuant to memorandum statement of the appellant (Ex.P-8), gupti has been recovered vide Ex.P-12, we are not inclined to grant bail to the appellant. Accordingly, I.A.No.02/2021 is rejected.

                 Sd/-                                      Sd/-

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