Damru Ram Mourya vs State Of Chhattisgarh
2022 Latest Caselaw 4736 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                     CRA No. 399 of 2021

                         Damru Ram Mourya Versus State Of Chhattisgarh

 Division Bench:-

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




25.07.2022         Ms. Indira Tripathi, counsel for the appellant.

                   Mr. Anmol Sharma, PL for the State / respondent.

Heard on I.A. No.1/2021, application for suspension of sentence and

grant of bail.

By the impugned judgment dated 27.01.2021 the learned Sessions

Judge, Durg, District Bastar at Jagdalpur C.G. in Sessions Trial No. 55/2019

convicted the appellant for offence under Section 302 of IPC and sentenced

him to undergo life imprisonment & fine of Rs.1000/-, in default of payment of

fine, two months' additional R.I.

Ms. Indira Tripathi, learned counsel for the appellant, submits that

appellant has falsely been implicated in crime in question and he has been

convicted by recording a finding which is perverse to the record. He is in

custody since 27.07.2019, therefore, application may be allowed and the

appellant may be released on bail.

Per contra, Mr. Anmol Sharma, learned State counsel, submits that on the basis of statement of eye witness - Kumari Tameshwari (PW-2), and on

the basis of FSL report (Ex.P/29), the trial Court has rightly convicted the

appellant for the aforesaid offence and as such, the bail application of the

appellant deserves to be rejected.

We have heard learned counsel for the parties and considered their

rival submissions and also perused the records with utmost circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering the statement of eye witness -

Kumari Tameshwari (PW-2) and on the basis of memorandum (Ex.P/11) axe

has been recovered vide Ex.P/13 (property seizure memo), and further

considering the FSL report (Ex.P/29) in which on articles A, C, D, E, F1 & F2

stains of blood was found, we are not inclined to grant bail to the appellant.

Accordingly, I.A. No.1/2021, is rejected.

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




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