Bholaram Patel vs State Of Chhattisgarh
2022 Latest Caselaw 5730 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                   CRA No. 6 of 2020

                       Bholaram Patel Versus State Of Chhattisgarh

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sachin Singh Rajput




13.09.2022         Mr. Dheerendra Pandey, counsel for the appellant.

                   Mr. Kapil Maini, PL for the State / respondent.

Heard on I.A. No.2, application for suspension of sentence and

grant of bail.

The appellant stands convicted for offence under Section 302 of

IPC and sentenced to undergo imprisonment for life and pay fine of

Rs.100/-, in default of payment of fine to further 10 days S.I. by the

impugned judgment dated 20.08.2019 passed by the Sessions Judge,

District Janjgir-Champa, C.G. in Sessions Trial No.21/2019. The appellant

has challenged the same in this appeal.

Mr. Dheerendra Pandey, 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 28.01.2019, therefore, application may be allowed and

appellant may be released on bail.

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

basis of statement of eye witnesses of Golu Patel (PW-1), Motilal Patel

(PW-2) and Gopal Patel (PW-3) 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 eye

witnesses of Golu Patel (PW-1), Motilal Patel (PW-2) and Gopal Patel

(PW-3) and further considering the other evidence available on record we

are not inclined to grant bail to the present appellant. Accordingly, I.A.

No.2 is rejected. However, appellant is at liberty to file application for

urgent hearing.

                      Sd/-                                   Sd/-
                 (Sanjay K. Agrawal)                (Sachin Singh Rajput)
                       Judge                                Judge




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