Shobhiram Mandavi vs State Of Chhattisgarh
2022 Latest Caselaw 6249 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                   CRA No. 632 of 2021

                      Shobhiram Mandavi Versus State Of Chhattisgarh

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Deepak Kumar Tiwari




 13.10.2022         Mr. Qamrul Aziz, counsel for the appellant.

                    Mr. Soumya Rai, PL for the State / respondent.

Heard on I.A. No.1/2021, application for suspension of sentence

and grant of bail.

By the impugned judgment and order of sentence dated

27.02.2021 passed by the First Additional Sessions Judge, Kanker,

District North Bastar Kanker, C.G. in Sessions Trial No.30/2019, the

appellant has been convicted for offence under Section 302 of IPC and

sentenced to undergo imprisonment for life and pay fine of Rs.1000/- in

default payment of fine amount further undergo to 3 months R.I.

Mr. Qamrul Aziz, 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

is in custody since 18.09.2019, therefore, application may be allowed and

appellant may be released on bail.

Per contra, Mr. Soumya Rai, learned State counsel, opposes the prayer raised by learned counsel for the appellant and submits on the

basis of statement of Uttamram Yadav (PW-1) & Panchbai Yadav (PW-2)

the learned trial Court has rightly convicted the present 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 submissions and also perused the records with utmost

circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering the statement of Uttamram

Yadav (PW-1) & Panchbai Yadav (PW-2) and further considering the

other evidence available on record, we are not inclined to grant bail to the

present appellant. Accordingly, I.A. No. 1/2021 is rejected.

                        Sd/-                                     Sd/-
                 (Sanjay K. Agrawal)                      ( Deepak Kumar Tiwari )
                       Judge                                        Judge




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