Surendra Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 6800 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                              CRA No. 336 of 2022

Surendra Banjare, S/o. Late Tarachand Banjare, Aged About 28 Years, R/o. Village
Rani Bagicha, Pandariya, P.S. Gandai, District Rajnandgaon, Chhattisgarh.

                                                                        ---- Appellant

                                        Versus

State Of Chhattisgarh, Through The District Magistrate, District Rajnandgaon,
Chhattisgarh.

                                                                      ---- Respondent

14.11.2022 Mr. M.P.S.Bhatia, Advocate for the Appellant.

Mr. Soumya Rai, Panel Lawyer for the State.

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

under Section 389 of Cr.P.C.

The appellant stands convicted by the judgment dated

14.01.2022 passed by the learned Court below in S.T. No.11/2019

for the offence under Section 302 of Indian Penal Code and

sentenced to undergo R.I. for life and fine of Rs.1000/- with usual

default stipulation.

Learned counsel for the appellant submits that the appellant is

in jail since 19.02.2019 and the appeal will take some time for

hearing, therefore, he may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail.

Taking into consideration the dying declaration Ex.P-1 proved

by Mamta Tawri, Tahsildar (PW-4) and the statement of Lalita

Banjare (PW-1) and other witnesses, we do not consider that it is a

fit case to suspend the sentence and grant bail to the appellant.

Accordingly, I.A.No.1 is rejected.

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




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