Sahipat Bhaina @ Lala vs State Of Chhattisgarh
2022 Latest Caselaw 4656 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                         ORDER SHEET
                                        CRA No. 70 of 2022
 Sahipat Bhaina @ Lala S/o Panchu Bhaina, Aged About 22 Years Tikarkala Village,
  Station Gaurella, District Bilaspur Chhattisgarh.               ---- Appellant
                                                 Versus
 State Of Chhattisgarh Through Police Station Gaurella District Bilaspur Chhattisgarh.
                                                                             ---- Respondent

Division Bench:-

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

21.07.2022 Shri Ashutosh Singh Kachhawaha, counsel for the Appellant.

Shri Sudeep Verma, Dy. G.A. for the State/Respondent.

Heard on I.A No.02/2022, an application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 04.08.2018 passed by the Special Additional Session Judge, Pendra Road, District Bilaspur (C.G.), in Special Session Trial No. 12/2018, the appellant has been convicted and sentenced as under:-

                        Conviction                           Sentence

                 U/s 363 of I.P.C.        R.I. for 7 years and fine of Rs. 200/-,

                 376/511 of I.P.C.        R.I. for 3 years and fine of Rs.200/-,

                 302 of I.P.C.            R.I. for life imprisonment with fine of
                                          Rs.1000/-,
             201 of I.P.C.              R.I. for 7 years and fine of Rs.200/-,

            U/s 4 of POSCO             R.I. for 7 years and fine of Rs.700/-, and in

default of payment of fine Additional R.I. for 2 months

All sentences shall 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 16.03.2018, 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 statement of Kamal Singh Bhanu (PW-3), and considering further the other evidence available on record and further taking into consideration the age of the victim to be 4 years, 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 material available on record and particularly taking into consideration the age of the victim to be 4 years and the statement of Kamal Singh Bhanu (PW-3) and further taking into consideration the other evidence available on record, we do not find it to be a fit case for suspension of sentence and grant of bail. Accordingly, I.A No.02/2022 is rejected.

                      Sd/-                                              Sd/-

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



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