Santosh @ Golu Srivas vs State Of Chhattisgarh
2023 Latest Caselaw 381 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                    CRA No. 206 of 2022

                     Santosh @ Golu Srivas Versus State Of Chhattisgarh

Division Bench:-

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




18.01.2023         Ms. Aditi Singhvi, Advocate, on behalf of Mr. Saurabh Dangi, counsel

             for the appellant.

                   Mr. Animesh Tiwari, Dy. A.G. for the State / respondent.

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

grant of bail.

By the impugned judgment of conviction and order of sentence dated

27.12.2021 passed by the Sessions Judge, Kabirdham (Kawardha), C.G.

in Session Trial No.06/2020, the appellant has been convicted for offence

under section 302 of IPC and sentenced to undergo imprisonment for life

and fine of Rs.500/-, in default of payment of fine R.I. for 1 months. Ms.

Aditi Singhvi, learned counsel for the appellant, submits that the appellant

has falsely been implicated in crime in question and he has been convicted

by recording a finding which is perverse to the record. He is in custody

since 10.12.2019, therefore, application may be allowed and appellant may

be released on bail.

Per contra, Mr. Animesh Tiwari, learned State counsel, opposes the prayer raised by learned counsel for the appellant and submits that on the

basis of dying declaration (Ex.P/17) recorded by the Nayab Tahsildar-cum-

Executive Magistrate and on the basis of testimony of B. Chouhan (PW-11)

the learned trial Court has rightly convicted the present appellant and, as

such, the bail application of the appellant deserves to be rejected.

We have heard learned counsel for the parties, considered their rival

submissions and also perused the records with utmost circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering the dying declaration

(Ex.P/17) of deceased, proved by Dr. Anjubala (PW-10), recorded by the

Nayab Tahsildar-cum-Executive Magistrate and also considering the

testimony of B. Chouhan (PW-11) and further considering the other

evidence available on record, we are not inclined to grant bail to the

present appellant. Accordingly, I.A. No. 1/2022 is rejected.

                       Sd/-                                     Sd/-
               (Sanjay K. Agrawal)                   (Radhakishan Agrawal)
                     Judge                                    Judge




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