Aayatu Ram Potai vs State Of Chhattisgarh
2022 Latest Caselaw 1160 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRA No. 1000 of 2021
     Aayatu Ram Potai S/o Late Ghasiya Ram Potai, Aged About 35 Years, R/o Village
      Ghotiya P.S. Badgaon, District North Bastar Kanker Chhattisgarh
                                                                                ---- Appellant
                                            Versus
   State Of Chhattisgarh, Through The Station House Officer P.S. Badgaon, District North
    Bastar Kanker Chhattisgarh
                                                                             ---- Respondent

04/03/2022 Shri A.N. Pandey, Advocate for the appellant.

Shri Himanshu Kumar Sharma, P.L. for the State/respondent. Heard on I.A.No.1, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 13-08-2021 passed in Session Trial No.21/2019 by the Additional Session Judge, Bhanupratappur, District North Bastar-Kanker (C.G.) in the following manner:-

             Conviction                       Sentence
             U/s 302 of the IPC               Life imprisonment and fine of Rs.2000/- in

default of payment of fine one year additional R.I.

It is submitted by learned counsel for the appellant that conviction against the appellant is erroneous and without any evidence of prosecution beyond reasonable doubt. None of the witnesses of the case have supported the prosecution and the evidence of last seen theory is doubtful and there is no other evidence in the case according to which conviction against the appellant can be held to be sustainable. Hence, the appellant is entitled for grant of bail and therefore, it is prayed that the application may be allowed.

Learned State counsel opposes the application submitting that the prosecution has proved its case beyond reasonable doubts. Therefore, the application may be rejected.

Heard learned counsel for the parties and perused the record of the trial Court.

After considering on the submissions and also on the material present in the case, we do not feel inclined to allow the application for suspension of sentence and grant of bail to the appellant.

Accordingly, I.A.No.1, application for suspension of sentence and grant of bail is rejected.

                       Sd/-                                      Sd/-
                 (R.C.S. Samant)                       (Arvind Singh Chandel)
                    Judge                                       Judge




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