Smt. Kaushilya Yadav vs State Of Chhattisgarh
2023 Latest Caselaw 27 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                   CRA No. 216 of 2022

1. Smt. Kaushilya Yadav, W/o. Sunil Kumar Yadav @ Damodar Yadav, Aged About 28
  Years, R/o. Devarpara, Baloda, Police Station Baloda, District Janjgir Champa,
  Chhattisgarh.

2. Sunil Kumar @ Damodar Yadav, S/o. Late Shri Radhelal Yadav, Aged About 39
  Years, R/o. Devarpara, Baloda, Police Station Baloda, District Janjgir Champa,
  Chhattisgarh.

                                                                         ---- Appellants
                                         Versus
  State Of Chhattisgarh, Through Police Station Baloda, District Janjgir Champa,
  Chhattisgarh.

                                                                        ---- Respondent

Division Bench :-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Rakesh Mohan Pandey

02.01.2023 Mr. Manoj Paranjpe & Mr. Bharat Sharma, Advocates for the

Appellants.

Mr. Anmol Sharma, Panel Lawyer for the State.

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

grant of bail.

The appellants stand convicted by the judgment dated 24.12.2021

passed by the learned Court below in Session Trial No.09/2020 for the

offence under Section 302 read with Section 34 of I.P.C. and sentenced

to Life Imprisonment and fine of Rs.200/- each with usual default

stipulation.

Learned counsel for the appellants submits that appellants have

been falsely implicated, they have not committed any offence. He further

submits that the trial Court by recording perverse finding has convicted

the appellants and the appeal will take some time for hearing; therefore,

they may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail. He submits that appellants

have rightly been convicted by the trial Court for the aforesaid offence by

considering the admissible evidence available on record.

Taking into consideration the dying declaration vide Ex.P-8 of

deceased Sudama Bai, which has been proved by Smt. Shweta Yadav

(PW-6) Executive Magistrate and considering the other piece of

evidence, we do not find that it is a fit case to suspend the sentence and

grant bail to the appellants. Accordingly, I.A.No.1 is rejected.

                    Sd/-                                      Sd/-
              (Sanjay K. Agrawal)                     (Rakesh Mohan Pandey)
                   Judge                                     Judge




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