Madan Lal Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 1125 Chatt

                                                1

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                Criminal Appeal No.621 of 2022
   • Madan Lal Sahu, S/o Doman Lal Sahu, Aged About 42 Years, Resident Of Line Para,
     Sukma, Police Station Sukma, District Sukma, Chhattisgarh.
                                                                                 ---- Appellant
                                            Versus
   • State Of Chhattisgarh, Through Station House Officer, Police Station Sukma, District
     Sukma, Chhattisgarh.
                                                                              ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal

22.02.2023 Mr. Santosh Bharat, counsel for the appellant.

Mr. Neeraj Pradhan, P.L. for the State.

Heard on I.A. No. 1/2022, application for suspension of sentence

and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence

dated 09.03.2022 passed by the learned Sessions Judge South Bastar,

District Dantewada (C.G.) in Session Trial No.78/2020, the appellant has

been convicted and sentenced as under :-

S.No. Conviction Sentence

01. U/s 302 of Indian Penal Life imprisonment and fine of Code Rs.500/-, in default of payment of fine, 3 months additional R.I.

Learned counsel for the appellant submits that the appellant has

been erroneously convicted and sentenced by the trial Court without

there being any reliable evidence against him. The prosecution has

failed to prove the case against the appellant beyond reasonable doubt.

The appellant is in jail since 22.04.2020. Therefore, the application for

suspension of sentence and grant of bail may be allowed and the

appellant be released on bail.

Per contra, learned State counsel opposes the application for

suspension of sentence and grant of bail.

We have heard learned counsel for the parties and perused the

record carefully.

Taking into consideration the death of deceased Smt. Santoshi

Sahu, wife of the appellant, being homicidal in nature and house murder,

further considering the statements of PW-6 Jagesgwar Sahu and PW-7

Durgeshwari @ Divya Sahu and for the fact that the human blood has

been found on the pillow used in commission of offence vide FSL report

(Ex.P-29) and the scarf, which was used for strangulation, has also been

seized, we do not find it to be a fit case for suspension of sentence and

grant of bail to the appellant.

Accordingly, IA No.01/2022, application for suspension of

sentence and grant of bail to the appellant, is rejected.

                         Sd/-                                            Sd/-

                (Sanjay K. Agrawal)                         (Radhakishan Agrawal)
                      Judge                                        Judge




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