Balbhadar Singh @ Balbhadra Singh vs State Of Chhattisgarh
2023 Latest Caselaw 68 Chatt

                                                                                      NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRA No. 454 of 2022
  Balbhadar Singh @ Balbhadra Singh S/o Mohar Singh, Aged About 33 Years, R/o
   Dhavalpur, Mauharipara, Outpost Koda, Police Station Jhagrakhand, District Koriya,
   Chhattisgarh.
                                                                              ---- Petitioner
                                          Versus
  State Of Chhattisgarh Through Police Station Jhagrakhand, District Koriya,
   Chhattisgarh.

                                                                           ---- Respondent

Division Bench:-

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

04/01/2023 Ms. Anubhuti Marhas, Advocate for the appellant.

Mr. Sudeep Verma, Deputy Govt. Advocate for the State/respondent. Heard on I.A.No.1, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 27-11-2021 passed in Sessions Trial No.50/2018 by the 2nd Additional Sessions Judge, Manendragarh, District Koriya (C.G.) in the following manner:-

Conviction Sentence U/s 302 of the IPC Life imprisonment and Fine of Rs.1000/-

{Rigorous Imprisonment for four months in case of default of payment of fine} Learned counsel for the appellant would submit that the appellant has been erroneously convicted and sentenced in the impugned judgment of 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 more than 4 ½ years. There is likelihood of delay in final hearing of this appeal. Therefore, the application for suspension of sentence and grant of bail may be allowed.

Per contra, learned counsel for the State opposes the application submitting that the prosecution has proved its case beyond reasonable doubt. Therefore, the application for suspension of sentence and grant of bail may be rejected..

We have heard learned counsel for the parties and perused the record.

Considering the statement of Smt. Rajkumari (PW-6) and considering the finding recorded by the trial Court in para 38 of the judgment that the appellant and the deceased were last seen together and immediately thereafter dead body of the deceased found in the house of the appellant, we do not find it to be a fit case for suspension of sentence and grant of bail.

Accordingly, I.A.No.1, application for suspension of sentence and grant of bail to the appellant is rejected.

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




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