Mangal Singh Gond vs State Of Chhattisgarh
2022 Latest Caselaw 7075 Chatt

                                       1



               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                             CRA No. 84 of 2022

Mangal Singh Gond S/o Ramnath Gond, Aged About 55 Years R/o. Village
Tangiamar, Police Station Pendra, District Gourela-Pendra-Marwahi
Chhattisgarh.

                                                                 ---- Appellant

                                  Versus

 State Of Chhattisgarh Through - The Police Station Pendra, District
 Gourela-Pendra-Marwahi Chhattisgarh.

                                                               ---- Respondent

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

24.11.2022 Ms. Pushpa Dwivedi, counsel for the appellant.

Mr. Ashish Tiwari, G.A. for the State.

Heard on I.A. No. 1 of 2022, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 8.12.2021, in Special Trial No.4 of 2021, passed by the learned Sessions Judge, Ambikapur, District- Surguja (C.G.) in the following manner :-

Conviction Sentence U/s. 302 of Indian Penal Imprisonment for life and fine Code. amount of Rs.50/-, in default of payment of fine amount, further R.I. for 7 days.

Ms. Pushpa Dwivedi, learned counsel for the appellant

submits that there is contradictions and omissions in the statement of prosecution witnesses. Further, the prosecution has failed to prove the case against the appellant beyond reasonable doubt. Therefore, the appellant has a good case to argue, he is in jail since 4.10.2020 and final disposal of the appeal is likely to take time. Hence, the application may be allowed and the appellant may be enlarged on bail.

Per contra, Mr. Ashish Tiwari, G.A. for the State, opposes the prayer made by learned counsel for the appellant.

Taking into consideration the evidence and statement of Sukmat Marco (PW-4) and further considering the fact that on the farsa seized and used in commission of offence presence of blood was found, in the FSL report, we do not find it to be a fit case for suspension of sentence and grant of bail to the appellant.

Accordingly, I.A. No. 1 of 2022, application for suspension of sentence and grant of bail is rejected.

                     Sd/-                              Sd/-

        (Sanjay K. Agrawal)                (Rakesh Mohan Pandey)
                Judge                              Judge




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