Shivprasad vs State Of Chhattisgarh
2023 Latest Caselaw 945 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                              Criminal Appeal No.745 of 2022
   • Shivprasad, S/o Late Barna Paw, Aged About 44 Years, R/o Village Gudru, P.S. Kelhari,
     District Koriya (Baikunthpur), Chhattisgarh.
                                                                                      ---- Appellant
                                              Versus
   • State Of Chhattisgarh, Through The Police, Station Kelhari, District Koriya (Baikunthpur),
     Chhattisgarh.
                                                                                 ---- Respondent

Division Bench:-

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

14.02.2023 Shri Nasimuddin Ansari, counsel along with Mr. D.K.

Vishwakarma, counsel for the Appellant.

Shri Ravi Bhagat, Dy. G.A. for the State.

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

sentence and grant of bail to the appellant.

Vide the impugned judgment of conviction and order of sentence

dated 30.07.2021 passed by the First Additional Session Judge

Manendragarh, District Koriya (C.G.) in S.T. No.74/2019, the appellant

has been convicted under Sections 302 and 201 of IPC and sentenced

to undergo life imprisonment and R.I. for 5 years, respectively, with

default stipulations.

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. The appellant is in jail since 03.06.2019. 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.

Taking into consideration the nature of the case, the death of

deceased being homicidal in nature, further considering the

memorandum statement of the appellant and for the fact that the

weapon used in causing offence i.e. wooden stick has been seized, in

which human blood stains have been found vide FSL report (Ex.-P-14),

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




Deepti Jha