Shiva Manikpuri Alais Bittu vs State Of Chhattisgarh
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Chattisgarh High Court

Shiva Manikpuri Alais Bittu vs State Of Chhattisgarh on 8 May, 2025

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            HIGH COURT OF CHHATTISGARH AT 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

08/05/2025 Mr. Akash Sahu, Counsel for the Appellant.

Mr. Rishabh Singh Deo, Panel Lawyer for the State.

Heard on admission as well as I.A. No. 02/2025, an

application for suspension of sentence and grant of bail.

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 Chhattisgarh

in Sessions Trial No. 45/2024, whereby appellant has been

convicted and sentenced as under:-

Conviction Sentence

Under Section 326 of the 03 years R.I. and fine of Rs. Indian Penal Code 1000/- in default of fine amount

03 month S.I.

Learned Counsel appearing for the appellant contended

that the appellant has a prima facie good case in his favor and

he is hopeful to succeed on it. The appellant is in jail since

13.12.2023 that is for almost 17 months. He contended that

there are major contradictions in the depositions so made by

the witnesses and also the incident happened early in the

morning when there was no light. Final disposal of the appeal

will 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 them 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, in particular that he

has not even completed half of his sentence period and the

first bail application was rejected by this court on

21.02.2025 ,therefore, I am of the opinion that present is not a

fit case to suspend the jail sentence imposed upon the

appellant.

Accordingly,the application of suspension of sentence

and grant of bail of the appellant is hereby rejected.

Consequently, IA No. 02/2025 stands rejected

List this case for final hearing on 12th of June, 2025.

Mean while, call the records from the concerned trial

Court.

sd/-

(Arvind Kumar Verma) JUDGE

alfiza