Shekh Yarnaj @ Shadab vs State Of Chhattisgarh
2022 Latest Caselaw 6721 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                      CRA No. 591 of 2022

                      Shekh Yarnaj @ Shadab Versus State Of Chhattisgarh

Division Bench:-

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




10.11.2022         Mr. N.K. Chatterjee, counsel for the appellant.

                   Mr. Anmol Sharma, PL for the State / respondent.

Heard on I.A. No.1/2022, application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 30.09.2021

passed by the Sixth Additional Sessions Judge, Bilaspur, District Bilaspur, C.G

in Sessions Trial No.184/2019, the appellant has been convicted as under:-

                         Conviction                               Sentence

             Under Section 302 of IPC         Imprisonment for life and fine of Rs.500/-, in
                                              default of payment of fine further R.I. for 6
                                              months.

             Under Section 201 of IPC         R.I. for 5 years and fine of Rs.100/-, in default
                                              of payment of fine further R.I. for 3 months.

             Under Section 397 of IPC         R.I. for 7 years.

Mr. N.K. Chatterjee, learned counsel for the appellant, submits that the

appellant has falsely been implicated in crime in question and he has been convicted by recording a finding which is perverse to the record. He is in

custody since 31.08.2019, therefore, application may be allowed and appellant

may be released on bail.

Per contra, Mr. Anmol Sharma, learned State counsel, opposes the

prayer raised by learned counsel for the appellant and submits that on the basis

of statement of Chandrahas Maurya (PW-2), memorandum statement (Ex.P/08)

and FSL report (Ex.P/44) the learned trial Court has rightly convicted the

present appellant and, as such, the bail application of the appellant deserves to

be rejected.

We have heard learned counsel for the parties, considered their rival

submissions and also perused the records with utmost circumspection.

Taking into consideration the facts and circumstances of the case, nature

and gravity of offence and considering statement of Chandrahas Maurya (PW-

2) and pursuant to the memorandum statement (Ex.P/08) blood stained clothes

of the deceased and mobile have been seized vide (ExP/29-30) and in FSL

report (Ex.P/44) on articles A1 to A4 (clothes of the deceased), B (car mat), D

(knife), E (pant of the appellant) human blood was found and further

considering the other evidence available on record, we are not inclined to grant

bail to the present appellant. Accordingly, I.A. No. 1/2022 is rejected.

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

Ankit