Basant Kumar Chouhan vs State Of Chhattisgarh
2022 Latest Caselaw 4127 Chatt

                      T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                       CRA No. 1563 of 2021
                      Basant Kumar Chouhan Versus State Of Chhattisgarh
DB
Hon'ble Shri Sanjay K. Agrawal and
Hon'ble Shri Sachin Singh Rajput JJ.




        30.06.2022           Mr. B. P. Rao, Counsel for the appellant.

                             Mr. Anmol Sharma, P. L. for the State/respondent.

Heard on I.A.No.1/2021, which is an application for suspension

of sentence and grant of bail.

By impugned judgment of conviction and order of sentence

dated 29.09.2021 passed by the learned Sessions Judge,

Mahasamund(CG) in Sessions Trial No.21/2020, whereby the

appellant has been convicted for the offence punishable under

Section 302 of the Indian Penal Code and sentenced to undergo

life imprisonment and pay fine of Rs.1,000/-, in default to further

undergo 03 months imprisonment.

Learned counsel for the appellant submits that the appellant

has not committed any offence and has been falsely implicated in

the case. Learned Court below has fallen in a serious error in

convicting the appellant under Section 302 of the IPC. He submits

that there is no concrete evidence to connect the appellant with the

crime in question and therefore, in these circumstances, it is a fit

case where the appellant can be released on bail by suspending the

sentence imposed on him.

On the other hand, State counsel opposes the application for suspension of sentence and grant of bail on the ground that incident

has been narrated by Amrika Bai(PW-3), Pitambar Sinha(PW-4) and

Bheem Singh(PW-10) and they have fully supported the

prosecution case. State counsel further submits that a blood stained

spade(fawada) has been recovered from the place of occurrence

and being so, he is not entitled for grant of bail.

After hearing the learned counsel for the parties and taking into

consideration the material available on record particularly the

statements of Amrika Bai(PW-3), Pitambar Sinha(PW-4) and Bheem

Singh(PW-10), we do not see any good reason to entertain this

application for suspension of sentence and grant of bail.

Accordingly, the same is rejected.

Accordingly, I.A.No.01/2021 is rejected.

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