Yadram Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 6900 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRA No. 314 of 2021

Yadram Banjare, S/o. Dukalha Banjare, Aged About 27 Years, R/o. Village Khadma,
Police Station- Chhura, District Gariyaband Chhattisgarh

                                                                            ---- Appellant
                                       Versus
State Of Chhattisgarh, Through District Magistrate Gariyaband, District Gariyaband
Chhattisgarh

                                                                         ---- Respondent

17.11.2022 Mr. Awadh Tripathi, Advocate for the Appellant.

Mr. Anmol Sharma, Panel Lawyer for the State.

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

grant of bail.

The appellant has been convicted by the judgment dated

18.02.2021 passed by the learned Court below in S.T. No.53/2018 in

the following manner with a direction to run the sentences

concurrently.

Conviction Sentence

U/s. 120(B) of I.P.C. : Life imprisonment and fine of Rs.1000/- in default of payment of fine, 1 year additional S.I.

U/s. 302 of I.P.C. : Life imprisonment and fine of Rs.1000/- in default of payment of fine, 1 year additional S.I.

U/s. 201 of I.P.C. : R.I. for 5 years and fine of Rs.1000/-

in default of payment of fine, 1 year additional S.I.

Learned counsel for the appellant submits that the appellant has

been convicted by recording perverse finding and only rod has been

seized in which only blood has been found, which is not clear whether

it is human blood or other. He further submits the seizure witness

namely Pintu Dora (PW-1) and Sanjay Lahre (PW-10) have not

supported the seizure and memorandum, therefore, the appellant

deserves for suspension of sentence and grant of bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail. He submits that the

prosecution has been able to prove the offence beyond reasonable

doubt and conviction is based on the circumstantial evidence.

At this stage, learned counsel for the appellant seeks permission

of this Court to withdraw the application for suspension of sentence

and grant of bail.

In view of the submission made, I.A.No.1 is dismissed as

withdrawn.

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




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