Anil Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 4143 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               CRA No. 194 of 2016
                     Anil Sahu -Versus- State of Chhattisgarh



30.06.2022

Mr. Yogeshwar Sharma, Advocate for the Appellant.

Mr. Lalit Jangde, Dy. Govt. Advocate for the State.

Heard on I.A.No.3.

This is a repeat application for suspension of sentence and

grant of bail. First bail application was dismissed as withdrawn on

24.03.2017 and thereafter second bail application was dismissed as

withdrawn on 25.04.2019. Now again the present application for

suspension of sentence and grant of bail.

The appellant stands convicted under Section 302 of I.P.C. and

sentenced to undergo Life Imprisonment with fine of Rs.5000/- with

usual default stipulation vide judgment dated 12.01.2016 passed by

the learned Court below.

Learned counsel for the appellant would submit that the

prosecution witness have not supported the case of the prosecution,

even the FIR has not been proved and considerable time has

passed; therefore, the appellant may be enlarged on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail.

Perused the statement of the Daughter PW-4 and statement of

the Doctor PW-2 & PW-3. Considering the statement of the eye- witness and the nature of injury, which was caused, we are not

inclined to allow the application for suspension of sentence and grant

of bail. Accordingly, I.A.No.3 is dismissed. However, the appellant

may prays before the appropriate Court for hearing of the case on

merits.

                Sd/-                                            Sd/-
          (Goutam Bhaduri)                                 (Rajani Dubey)
              JUDGE                                            JUDGE




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