Holsai Nagwanshi vs State Of Chhattisgarh
2022 Latest Caselaw 6573 Chatt

Citation : 2022 Latest Caselaw 6573 Chatt
Judgement Date : 3 November, 2022

Chattisgarh High Court

Holsai Nagwanshi vs State Of Chhattisgarh on 3 November, 2022

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                             CRA No. 73 of 2022

• Holsai Nagwanshi S/o Jageshwar Aged About 39 Years R/o Village Karravyora Chowki
  Kotba, Thana Bagbahar, District Jashpur Chhattisgarh.              --- Appellant.

                                      Versus

• State Of Chhattisgarh Through Thana Bagbahar District Jashpur Chhattisgarh.

                                                                         ---- Respondent

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

03.11.2022 Mr. N. K. Malaviya, Counsel for the appellant.

Mr. Saumya Rai, 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 under Section 302 IPC and sentenced to undergo Imprisonment for life and to pay fine of Rs.100/- and under Section 201 of IPC and sentenced to undergo RI for 5 years with fine of Rs.100/-, plus default stipulations vide judgment dated 09.12.2021 passed by Additional Sessions Judge Pathalgaon, Jashpur in Sessions Case No.27/2020.

3. Learned counsel for the appellant submits that appellant has been falsely implicated in the crime in question as the entire prosecution case is based on the circumstantial evidence. He also submits that blood group has not been specified in the FSL report and that the independent witnesses have not supported the case of the prosecution therefore, the appellant may be released on bail.

4. On the other hand, learned State counsel opposes the bail application and submits that the trial Court has rightly convicted the appellant.

5. Having considered the facts and circumstances of the case and material evidence on record particularly considering the FSL report (Ex.P-28), in which, blood on the seized articles were found to be of human origin and of same blood group, therefore, we are not inclined to suspend the jail sentence imposed upon 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