Omprakash Deshmukh vs State Of Chhattisgarh
2022 Latest Caselaw 6676 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet
                                        CRA No. 1165 of 2021

                     Omprakash Deshmukh and another Versus State of Chhattisgarh

   Division Bench:
   Hon'ble Shri Justice Sanjay K. Agrawal &
   Hon'ble Shri Justice Rakesh Mohan Pandey



09/11/2022           Mr. B.P. Singh, Advocate for the appellant.

                     Mr. Ishan Verma, Panel Lawyer for the respondent-State.

Heard on IA No.01, which is an application filed on behalf of both the appellants under Section 389 of Cr.P.C. for suspension of sentence and grant of bail.

By impugned judgment of conviction and order of sentence dated 29.09.2021, the appellants have been convicted for offence under Section 302/34 of IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.100/- each and, in default of fine, additional rigorous imprisonment for 30 days each and also under Section 201/34 of IPC and sentenced to undergo 07 years' rigorous imprisonment with fine of Rs. 100/- each and, in default of fine, additional rigorous imprisonment for 30 days each.

Learned counsel for the appellants submits that the appellants are in jail since 10.05.2019. They are innocent and have been falsely implicated. He relied on Shivaji Chintappa Patil vs. State of Maharashtra reported in (2021) 5 SCC 626 and Nagendra Sah vs. State of Bihar reported in (2021) 10 SCC 725 to bolster his submission that the case of the prosecution is based on circumstantial evidence and no direct evidence is available on record against the present appellants. There there are major contradiction and omissions in the statements of prosecution witnesses and the learned trial Court has committed grave legal error in convicting the appellants by considering irrelevant evidence and recording perverse findings, hence, they deserves to be enlarged on bail by suspending their jail sentence.

Per-contra, learned State counsel opposed the application and submits that the appellants have committed murder of deceased- Mohan Lal Deshmukh by strangulation. By taking this Court to the memorandum statements of appellants- accused (Ex.P/02 & 03), Baramdagi Panchnama (Ex.P/04 & 05), FSL report (Ex.P/55) learned State counsel submits that there are ample evidence available on record to connect the appellants with the said offences and the learned trial Court has rightly convicted the appellants for offence under Sections 302/34 & 201/34 of IPC, therefore, the application is liable to be rejected.

Having heard learned counsels for the parties and after going through the material available on record and especially considering the memorandum statement of the accused-appellants (Ex.P/02 & 03), pursuant to which underwear and 'luggi' is said to have been seized vide Ex.P/04 & Ex.P/05 and in said underwear human blood stain has been found and in said 'luggi' blood has been found vide FSL report (Ex.P/55) and other material available on record, we do not find any good ground for entertaining the application for suspension of sentence and grant of bail.

Accordingly, IA No.01 is rejected.

                          Sd/-                                       Sd/-
                    (Sanjay K. Agrawal)                   (Rakesh Mohan Pandey)
                         Judge                                   Judge




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