Ram Das Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 6537 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 1020 of 2021

• Ram Das Yadav S/o Shri Raj Kumar Yadav Aged About 19 Years R/o Village Nilkanthpur
  (Koragi), Police Station Ramchandrapur, District Balrampur Ramanujganj Chhattisgarh.,
  District : Balrampur, Chhattisgarh                              --- Appellant.

                                        Versus

• State Of Chhattisgarh Through The Police Station Ramchandrapur, District Balrampur
  Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh --- Respondent.

DB Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Deepak Kumar Tiwari

02.11.2022 Mr. V. K. Pandey, Counsel for the appellant.

Mr. Arjit Tiwari, PL for the respondent/State.

1. Heard on IA No.1/2021 - Application for suspension of sentence and grant of bail.

2. The appellant has been convicted for commission of offence U/s. 302 of IPC and U/s. 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo imprisonment for life and to pay fine of Rs.100/- on both counts; and U/s. 201 of IPC and sentenced to undergo RI for 3 years and to payment fine of Rs.100/-, plus default stipulations, vide judgment dated 24.08.2021 passed by the Court of Special Judge, Balrampur, Ramanujganj in Special Sessions Case (Atrocities) No.06/2018.

3. Case of the prosecution in brief is that on 18.12.2017 the appellant had committed murder of the deceased Sunita Singh by pressing her neck and thereafter thrown the body of the deceased in a water dam with intention to hide the evidence.

4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the crime in question as case of the prosecution rests on the circumstantial evidence and the chain of circumstances is not complete. The appellant is in jail since 04.01.2018 therefore, the appellant may be released on bail.

5. On the other hand, learned State counsel opposes the aforesaid submission and submits that recovery of the seized article, FSL report (Ex.P-26) and other evidence available on record supports the case of the prosecution and the trial Court has rightly convicted the appellant and therefore, the bail application of the appellant is liable to be rejected.

6. Having heard the submission of the parties and taking into consideration the fact that some pieces of hair recovered from the hand of the deceased are found to be matched with the hair of the appellant vide FSL report (Ex.P-26) and that appellant had motive to cause death of the deceased, we are not inclined to suspend the jail sentence imposed on the appellant and release him on bail.

Accordingly, IA No.1/2021 is rejected.

                      Sd/-                       Sd/-
            (Sanjay K. Agrawal)         (Deepak Kumar Tiwari)
                  Judge                       Judge


Ajay