Shiva Manikpuri Alais Bittu vs State Of Chhattisgarh
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Chattisgarh High Court

Shiva Manikpuri Alais Bittu vs State Of Chhattisgarh on 21 February, 2025

                                                                                          NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRA No. 368 of 2025

Shiva Manikpuri Alais Bittu S/o Shambhu Das Manikpuri Aged About 21 Years R/o Near Raju
Kirana Stores, Ramayan Nagar P.S. Purani Basti Raipur, District- Raipur ( C.G. ).
                                                                                     ... Appellant
                                            versus
State Of Chhattisgarh Through- P.S. Purani Basti District- Raipur ( C.G. ).
                                                                                  ... Respondent

21.02.2025 Mr. Akash Sahu, Counsel for the Appellant.

Mr. Karan Kumar Bharani, Panel Lawyer for the State. Heard on admission as well as I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

Admit.

By virtue of the impugned judgment of conviction and order of sentence dated 30.01.2025 passed by learned Twelth Additional Session Judge, Raipur, District Raipur (C.G.) in Sessions Trial No. 45/2024, whereby appellant has been convicted and sentenced as under:

Conviction Sentence

Under Section 326 of the R.I. for 03 years and fine of Rs. Indian Penal Code 1,000/- in default of payment of fine 03 months S.I..

Learned Counsel appearing for the Appellant contended that the appellant has prima facie good case in his favor and he is hopeful to succeed on it. The appellant was in jail since 03.12.2023 . The disposal of this Criminal appeal is likely to take long time. The appellant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the appellant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/appellant which connects him with the crime and chain of circumstances are fully linked and completed with each other.

I have heard learned counsel for the parties and perused the record with utmost circumspection.

Considering the totality of the facts, the appellant applied solution and the other accused took out the matchbox and fired upon the complainant due to which the complainant received 40% burn injury hence, the crime committed by the appellant which is very heinous in nature and the evidences which totally connects him with the crime, I am not inclined to allow the application for suspension of sentence and grant of bail.

Consequently, IA No. 01/2025 stands rejected. List this case for final hearing in its due course.

sd/-

(Arvind Kumar Verma) Judge

Alfiza