Gopal Pradhan vs State Of Chhattisgarh
2022 Latest Caselaw 6993 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                                CRA No. 874 of 2022

Gopal Pradhan, S/o. Laxman Pradhan, Aged About 32 Years, R/o. Village Kotarliya
Dipapara, Police Station Chakradharnagar, District : Raigarh, Chhattisgarh

                                                                       ---- Appellant
                                      Versus
State Of Chhattisgarh, Through Police Station House Chakradharnagar, District :
Raigarh, Chhattisgarh

                                                                     ---- Respondent

21.11.2022 Mr. Gajendra Kumar Sahu, 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 stands convicted by the judgment dated

22.04.2022 passed by the learned Court below in Sessions Trial

No.18/2020 for the offence under Sections 302 and 201 of Indian

Penal Code and sentenced to R.I. for life and fine of Rs.50/- and R.I.

for 7 years and fine of Rs.50/- respectively with usual default

stipulations.

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 302 and 201 of I.P.C. by considering the admissible evidence

available on record.

Taking into consideration the material available on record and

further taking into account that pursuant to the memorandum

statement of the appellant, blood stained Axe and Gamchha were

seized in which human blood was 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




Ashok