Citation : 2022 Latest Caselaw 5771 Chatt
Judgement Date : 14 September, 2022
T OHIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 765 of 2021
K. Shrinivas @ Vashu Versus State Of Chhattisgarh
DB
Hon'ble Shri Sanjay K. Agrawal and
Hon'ble Shri Sachin Singh Rajput JJ.
14.09.2022 Mr. Ajay Mishra, Counsel for the appellant.
Mr. Arjit Tiwari, P. L. for the State/respondent.
Heard on I.A.No.01/2021, application for suspension of sentence
and grant of bail.
By impugned judgment of conviction and order of sentence
dated 07.06.2021 passed by the learned Additional Sessions Judge,
Durg District- Durg, CG in ST No.137/2019, whereby the appellant has
been convicted for offence under Section 302 of IPC and sentenced to
undergo Life Imprisonment and fine of Rs.100/-, in default further RI for
10 days.
Learned counsel for the appellant submits that the appellant has
not committed any offence and has been falsely implicated in this case.
He further submits that the appellant is in jail since 13.06.2019 and the
appeal is likely to take some time for its final disposal, therefore, the
application for suspension of sentence and grant of bail may be
allowed.
Per-contra, learned State counsel opposed the application and
submits that considering the statements of K. Soma (PW-1) and K.
Ishika (PW-8). State counsel further submits that there is sufficient
material available on record to connect the appellant-accused person with the offence and the learned trial Court has rightly convicted the
appellant for the offence aforementioned and, therefore, the present
application deserves to be rejected.
After hearing the learned counsel for the parties and taking into
consideration the material available on record particularly the
statements of K. Soma (PW-1) and K. Ishika (PW-8), we do not see
any good reason to entertain this application for suspension of
sentence and grant of bail and the same deserves to be rejected.
Accordingly, I.A.No.01/2021, application for suspension of
sentence and grant of bail is rejected.
List this case for final hearing expeditiously.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Judge Judge
Parul
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