Rinku Kachlam vs State Of Chhattisgarh
2022 Latest Caselaw 6995 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                    CRA No. 181 of 2022

                         Rinku Kachlam Versus State Of Chhattisgarh

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey




 21.11.2022          Mr. B.P. Rao, counsel for the appellant.

                     Mr. Animesh Tiwari, Dy. A.G. for the State / respondent.

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

of bail.

By the impugned judgment of conviction and order of sentence

dated 23.12.2021 passed by the Additional Sessions Judge, Kondagaon,

District Kondagaon, C.G. in Sessions Trial No. 20/2020, the appellant has

been convicted for offence under Section 302 of IPC and sentenced to

undergo R.I. for life with fine of Rs.10,000/-, in default of payment of fine

amount, additional R.I. for 6 months.

Mr. B.P. Rao, learned counsel for the appellant, submits that the

appellant has falsely been implicated in crime in question and he has been

convicted by recording a finding which is perverse to the record. He further

submits that appellant is in custody since 08.07.2020, therefore,

application may be allowed and appellant may be released on bail.

Per contra, Mr. Animesh Tiwari, learned State counsel, opposes the prayer raised by learned counsel for the appellant and submits that on the

basis of statement of Seema (PW-2), memorandum (Ex. P/13), property

seizure memo (Ex.P14) and on the basis of F.S.L. report (Ex. P/21) the trial

Court has rightly convicted the appellant and, as such, the bail application

of the appellant deserves to be rejected.

We have heard learned counsel for the parties, considered their rival

submission and also perused the records with utmost circumspection.

Taking into consideration the fact and circumstances of the instant

case, nature and gravity of offence and considering the statement of

Seema (PW-2); pursuant to the memorandum statement (Ex.P/13) axe has

been recovered vide Ex.P/14 (property seizure memo); FSL report

(Ex.P/21) in which on articles E & F i.e. axe and jeans of the appellant

respectively, human blood (on article F) was found and further considering

the other evidence available on record, we do not find it to be a fit case for

suspension of sentence and grant of bail, accordingly, I.A. No.1 is rejected.

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

Ankit