Laxmi Prasad Kannauje vs State Of Chhattisgarh
2022 Latest Caselaw 6576 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 1144 of 2021

• Laxmi Prasad Kannauje S/o Shri Kanhaiya Kannauje Aged About 57 Years R/o Village
  Chorbhatti, Tahsil - Pamgarh, Police Station - Mulmula, District Janjgir - Champa
  (Chhattisgarh), Present Address - House No. 58/960 Kelo Vihar, Police Station -
  Chakradharnagar, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

                                                                            --- Appellant.

                                      Versus

• State Of Chhattisgarh Through - The Station House Officer, Police Station -
  Chakradharnagar, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

                                                                         --- Respondent.

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

03.11.2022 Mr. Rishi Rahul Soni, 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/-, plus default stipulation vide judgment dated 22.09.2021 passed by the Fifth Additional Sessions Judge, Raigarh in Sessions Case No.04/2021.

3. Learned counsel for the appellant submits that the appellant has been falsely implicated in the crime in question as there are number of contradictions and discrepancies in the statements of the prosecution witnesses. The appellant is in jail since 15.02.2020 therefore, he 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 and there is ample evidence on record to hold him guilty for the said offence therefore, the bail application of the appellant is liable to be rejected.

5. Having heard counsel of the parties and taking into consideration the material evidence available on record particularly, considering that dead body of the deceased was found inside her house and evidence of Ravindra Kesharwani (PW-4), we do not consider present to be a fit case for suspension of sentence and grant of bail.

Accordingly, IA No.1/2021 is rejected.

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


Ajay