Nohar Say vs State Of Chhattisgarh
2022 Latest Caselaw 7076 Chatt

                                       1



               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                           CRA No. 1274 of 2021

Nohar Say S/o Shri Photo Korwa Aged About 72 Years Occupation
Agriculture, R/o Village Lalmati Korwapara, Thana Ambikapur District
Surguja Chhattisgarh

                                                              ---- Appellant

                                  Versus

 State Of Chhattisgarh Through The District Magistrate Ambikapur District
 Surguja Chhattisgarh

                                                            ---- Respondent

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

24.11.2022 Mr. Sunil Sahu, counsel for the appellant.

Mr. Anmol Sharma, P.L. for the State.

Heard on I.A. No. 1 of 2021, 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 22.09.2021, in Special Trial No.123/2019, 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.1000/-, in default of payment of fine amount, further R.I. for 3 months.

Mr. Sunil Sahu, 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. It is further submitted by learned counsel for the appellant that the important witnesses have been examined who turned hostile and not supported the case of the prosecution. Therefore, the appellant has a good case to argue, he is in jail since 10.9.2019 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. Anmol Sharma, P.L. for the State, opposes the prayer made by learned counsel for the appellant.

Taking into consideration the evidence and statement of Thepi (PW-2) and that on the tangi in question human blood was found in the FSL and other evidence, 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 2021, 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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