Shishupal Ji @ Balan vs State Of Chhattisgarh
2023 Latest Caselaw 801 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                               CRA No. 74 of 2022
Shishupal Ji @ Balan S/o Late Vasu. N., Aged About 60 Years R/o. Madikya Mangalam,
Post Oeyla Ketti. Ambalam, P.S. Mawera Kera, District Aarappi (Kerala) Present R/o.
Maharana Pratap Nagar, E.W.S. 321 Chowki Rampur, P.S. Kotwali District Korba
Chhattisgarh., District : Korba, Chhattisgarh
                                                                           ---- Appellant
                                       Versus
State Of Chhattisgarh Through Police Chowki Rampur, P.S. Kotwali, District : Korba,
Chhattisgarh
                                                                        ---- Respondent

DB Hon'ble Shri Justice Sanjay K. Agrawal

Hon'ble Shri Justice Radhakishan Agrawal

08.02.2023 Mr. Manoj Paranjpe, Counsel for the Appellant.

Mr. Arjit Tiwari, P.L. for the State.

Heard I.A. No. 1 of 2022, an application for suspension of

sentence and grant of bail to the appellant.

The appellant stands convicted by the judgment dated 30.11.2021

passed by the 1st Additional Session Judge, Korba, District: Korba (C.G.)

in Session Trial No. 111/2020 for the offence under Section 397 of IPC,

under Section 302 of IPC and sentenced to undergo RI for 7 years, Life

Imprisonment, respectively with default stipulations.

Learned counsel for the appellant submits that appellant has been

falsely implicated as he has not committed any offence. He further

submits that the trial Court by recording perverse finding has convicted

the appellant and the appeal will take some time for hearing and the

identification proceeding has not been conducted in accordance with law; therefore, he may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail. He submits that appellant has

rightly been convicted by the Trial Court for the aforesaid offence by

considering the admissible evidence available on record.

Taking into consideration the facts and circumstances of the case

and pursuant to the memorandum statement of the appellant, the

ornaments of the victim was seized from the possession of the appellant

which were duly identified by Neha Mahant (PW-2) in her statement

before the court and proved the Annexure-P/7 which is identification

proceeding of the property, we do not consider it a fit case for

suspension of sentence and grant of bail to the appellant.

Accordingly, I.A. No. 1 of 2022 is dismissed.

                       Sd/-                                     Sd/-

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


Saurabh