Galsay Lakda vs State Of Chhattisgarh
2022 Latest Caselaw 3888 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                       CRA No. 801 of 2017
                             Galsay Lakda Versus State of Chhattisgarh
    Division Bench:

    Hon'ble Shri Justice Sanjay K. Agrawal &
    Hon'ble Smt. Justice Sachin Singh Rajput




20/06/2022

Mr. Gajendra Sahu, Advocate for the appellant.

Mr. Arjit Tiwari, Panel Lawyer for the State.

Heard on IA No.02 of 2022, which is an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant.

By impugned judgment of conviction and order of sentence dated 08.05.2017, the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.3,000/- and, in default of fine, additional rigorous imprisonment for one year separately.

Learned counsel for the appellant submits that the appellant is in jail since 14.03.2016. He has been falsely implicated and the learned trial Court without appreciating the oral and documentary material available on record convicted the appellant for offence under Section 302 of IPC by recording perverse findings, thus, appellant be enlarge on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that the appellant has committed murder of his daughter, aged about 06 years by assaulting her through an axe, due to which she sustained grievous injury and died instantly on spot. By taking this Court to the memorandum statement of the appellant-accused (Ex.P/04), he submits that on the basis of memorandum statement of the appellant itself seizure memo (Ex.P/05) was affected wherein an iron axe was recovered on which human blood stains were found, which is duly proved by FSL report (Ex.P/23) and, therefore, the present application deserves to be rejected.

After hearing the learned counsels for the parties and taking into consideration the material available on record particularly the memorandum statement of appellant-accused (Exhibit-P/04), pursuant to which seizure memo (Exhibit-P/05) was affected whereby an iron axe was seized on which human blood stains were found as per FSL report (Exhibit-P/23), we do not consider it a fit case for suspension of sentence and grant of bail.

Accordingly, IA No.02 of 2022 is rejected.

                             Sd/-                                    Sd/-
                      (Sanjay K. Agrawal)                   (Sachin Singh Rajput)
                           Judge                                    Judge




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