Laxman Rathiya vs State Of Chhattisgarh
2022 Latest Caselaw 6842 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                             CRA No. 131 of 2022

Laxman Rathiya, S/o. Amrit Lal Rathiya, Aged About 26 Years, R/o. Village Hati,
Nawadih Para, Police Station Chhal, Tahsil Dharamjaigarh, District- Raigarh (C.G.)

                                                                          ---- Appellant

                                     Versus

State Of Chhattisgarh, Through- Police Of Police Station Chhal, District- Raigarh
(C.G.)

                                                                       ---- Respondent

16.11.2022 Mrs. Savita Tiwari, Advocate for the Appellant.

Mr. Avinash Singh, 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

03.01.2022 passed by the learned Court below in Sessions Trial

No.47/2020 for the offence under Section 449/34 and 302/34 of

Indian Penal Code and sentenced him to undergo R.I. for 10 years

and fine of Rs.500/- and R.I. for life and fine of Rs.500/- respectively

with usual default stipulation.

Learned counsel for the appellant submits that the appellant

has been falsely implicated as he has not committed any offence and

there is no material evidence against him. He further submits that the

trial Court by recording perverse finding has convicted the appellant

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. He submits that appellant

has rightly been convicted by the trial Court for the offence under

Section 449/34 and 302/34 of I.P.C. by considering the admissible

evidence available on record.

Taking into consideration the material available on record,

particularly pursuant to the memorandum statement of the appellant,

Basula has been seized in which human blood of B+ group has been

found and further considering the other evidence available on record,

we do not find 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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