Citation : 2025 Latest Caselaw 1422 Chatt
Judgement Date : 24 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2139 of 2023
Rajesh S/o. Sonsai, Aged About 30 Years R/o. Village - Dandakrava
Chowki - RevtJi P.S. - Chandaura District - Surajpur, Chhattisgarh.
... Appellant
versus
State of Chhattisgarh, Through Station House Officer Chowki, Revti
P.S. - Chandaura District - Surajpur, Chhattisgarh.
... Respondent(s)
Order Sheet
ROHIT KUMAR CHANDRA
24/01/2025 Heard Mr. Varun Sharma, learned counsel for
the appellant as well as Mr. Swajeet Uboweja,
learned Panel Lawyer appearing for the
State/respondent on I.A. No. 01 of 2023, which is an
application for suspension of sentence and grant of
bail to the appellant.
By the impugned judgment of conviction and
order of sentence dated 14.09.2023, the Additional
Sessions Judge, Pratappur, District - Surajpur (C.G.)
in Sessions Case No. 11/2022 has convicted the
appellant for the offence punishable under Section
302 of the Indian Penal Code and sentenced to
undergo life imprisonment and fine of Rs.1,00/- in
default of payment of fine, 3 years additional rigorous
imprisonment.
It has been argued by learned counsel for the
appellant that deceased was wife of the appellant
and it has been alleged that the appellant has
committed murder of his wife, but the fact is that he
has only slapped her on account of doubting that she
has consumed liquor due to which she fell down and
sustained injuries over her head and face and she
succumbed. He further submits that the appellant is
in jail since 23.02.2022 and the appeal is likely to
take some time for its conclusion, hence the
appellant has filed the instant application for
suspension of sentence and grant of bail.
On the other hand, learned State Counsel
opposed the prayer for grant of bail and submitted
that as per the query report (Ex.P-21A) given by
Dr.A.K. Vishwakarma (PW-11), regarding the injuries
on body of the deceased, he has stated that being
under the influence of alcohol, beaten in the face and
by hitting her head on the wall, such injuries have
been sustained.
We have heard learned counsel for the parties
and perused the records of the Court below.
Considering the material available on record
and particularly considering the medical report and
the nature of injuries sustained by the deceased, we
do not find any good ground for allowing application
for suspension of sentence and grant of bail.
Accordingly, I.A. No. 01 of 2023 is rejected.
Let the matter be listed for final hearing in due
course.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Chandra
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