Citation : 2022 Latest Caselaw 6381 Chatt
Judgement Date : 19 October, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1589 of 2021
Tarachand Kurre S/o Late Narad Prasad Kurre, Aged about 29 years, R/o Village
Dhaurabhatha, Police Station Hirri, Distt. Bilaspur, Chhattisgarh.
--- Appellant
Versus
State of Chhattisgarh through the Station House Officer, Police Station Hirri, Distt.
Bilaspur, Chhattisgarh.
--Respondent
DB Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Deepak Kumar Tiwari
19.10.2022 Mr. Vipin Singh Thakur, counsel for the appellant.
Mr. Sudeep Verma, Dy. G.A. for the State.
Heard on I.A. No. 1, application for suspension of sentence and grant of bail.
Vide impugned judgment dated 18/11/2021 passed in Sessions Trial No. 49/2020, learned Fifth Additional Sessions Judge, Bilaspur has convicted the appellant for offence punishable under Sections 302 and 201 of IPC and sentenced to undergo imprisonment for life with fine of Rs. 1000/- in default of payment of fine further imprisonment for 100 days and to undergo R.I. for 5 years with fine of Rs. 500/- in default of payment of fine further imprisonment for 50 days, respectively.
Learned counsel for the appellant would submit that appellant has been convicted by the trial Court by recording a finding which is perverse and contrary to the record as there is no legal evidence to connect him with the offence in question.
Per contra, learned State counsel would submit that appellant has rightly been convicted for the offence in question as there is ample evidence on record to hold him guilty for the said offence.
Taking consideration of the facts and circumstances of the case, nature and gravity of the offence and role of the present appellant especially the circumstantial evidence available on record against him, we do not consider it a fit case to release the appellant on bail.
Accordingly, I.A. No. 1 stands rejected.
Sd/- Sd/-
(Sanjay K. Agrawal)l) (Deepak Kumar Tiwari)
Judge Judge
Harneet
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