Jeetan Ram Lakda vs State Of Chhattisgarh
2022 Latest Caselaw 6843 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                            CRA No. 1497 of 2021

Jeetan Ram Lakda, S/o. Late Shobhan Ram Lakda, Aged About 45 Years, Resident
Of Tirsonth, Police Station Pathalgaon, District Jashpur Chhattisgarh.

                                                                           ---- Appellant

                                    Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Bagbahar
District Jashpur Chhattisgarh.

                                                                         ---- Respondent

16.11.2022 Mr. A.L. Singroul, Advocate for the Appellant.

Mr. Sudeep Verma, Dy. Govt. Advocate 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

22.02.2021 passed by the learned Court below in Sessions Trial

No.28/2019 for the offence under Section 302 of Indian Penal Code

and sentenced him to undergo life imprisonment and fine of

Rs.1000/- 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 he is suffering from insanity 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 302 of I.P.C. by considering the admissible evidence

available on record.

Taking into consideration the material available on record,

particularly that pursuant to the memorandum statement of the

appellant, Tangi and Shirt 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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