Dinu Prasad Sharma vs State Of Chhattisgarh
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Chattisgarh High Court

Dinu Prasad Sharma vs State Of Chhattisgarh on 19 February, 2025

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                                              HIGH COURT OF CHHATTISGARH, BILASPUR

                                                               Order Sheet


                                                          CRA No. 2107 of 2024

                            Dinu Prasad Sharma S/o. Shri Poshan Kumar Sharma Aged About 38 Years R/o.
                            Near Dadar Charoda Pump House Police Station Old Bhilai, Tehsil And Distt. Durg
                            (C.G.) India.
                                                                                             ... Appellant

                                                                  versus

                            State Of Chhattisgarh Through P/S Old Bhilai-Durg (C.G.).

         Digitally signed
         by VASANT                                                                           ---- Respondent

VASANT KUMAR Date:

KUMAR 2025.02.20 11:15:09 +0530

19.02.2025 Mr. Ajay Kumar Mishra, counsel for the Appellant.

Ms. Prabha Sharma, PL for the State/Respondent.

Heard on I.A. No.02/2024, application under Section 430 of the BNSS, 2023 for suspension of sentence and grant of bail.

This is admitted appeal.

By the impugned judgment dated 17.10.2023 passed in Sessions Trial No.45/2022 by the Additional Sessions Judge, Durg,

District Durg (C.G.), the appellant stands convicted and sentenced as mentioned below:

     Conviction                 Sentence             In Default

 Under Section 307 RI for 10 years and In             default      of
 of IPC, 1860          fine       amount     of payment     of    fine
                       Rs.1,000/-                amount    RI for 06
                                                 months

Learned counsel for the appellant submits that the appellant has been wrongly convicted by the trial Court in the judgment without there being any sufficient and clinching evidence available on record. He further submits that the prosecution has failed to prove the case against the appellant, the learned trial Court has no appreciated the evidence available on record. He also submits that the appellant is in jail since 26.01.2022 and appeal is likely to take some more time to be finalized. Hence, it is prayed that I.A. No.02/2024 may be allowed.

On the other hand, learned counsel for the respondent/State opposes the argument advanced by the learned counsel for the appellant.

I have heard learned counsel appearing for the parties and perused the judgment passed by the learned trial Court and other material available on record with utmost circumspection.

Considering the facts and circumstances of the case, perused the entire evidence adduced by the prosecution as well as statement of witnesses. Looking to the gravity and nature of the offence, I am of the view that it is not a fit case to allow I.A. No.02/2024, during the pendency of this appeal.

Accordingly, I.A. No.02/2024 is rejected.

List this case for final hearing in its due course.

Sd/-

(Arvind Kumar Verma) Judge

Vasant