CRLA/311/2020
2022 Latest Caselaw 3287 UK

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                               CRLA No. 311 of 2022

                               Hon'ble Sanjaya Kumar Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. Rajendra Arya, the learned counsel for the appellant.

Mr. J.S. Virk, the learned Dy. Advocate General with Mr. Rakesh Kumar Joshi, the learned Brief Holder for the State.

Heard on bail application no. 3064 of 2022. This is an application under Section 439 of the Code of Criminal Procedure for suspension of sentence and grant of bail upon appeal to appellant, namely, Anil Kumar, who has been convicted for the offence under Sections 302, 342, 394 and 452 of the Penal Code and sentenced to undergo life imprisonment under Section 302 of Penal Code and default sentence on non-payment of fine of Rs. 40,000/-, one year imprisonment under Section 342 of the Penal Code and default sentence on non-payment of fine of Rs. 1,000/-, ten years rigorous imprisonment under Section 394 of the Penal Code and default sentence on non payment of fine of Rs. 10,000/- and three years imprisonment under Section 452 of the Penal Code and default sentence on non payment of fine of Rs. 5,000/- by the Court of the learned 1st Additional

of 2016 by virtue of judgment and order dated 28.02.2020.

It is apparent from the record that there are eye witnesses to the occurrence and evidence of PW3, who is a natural eye witness to the occurrence being inmate of the house where the murder took place, has not been shaken in cross- examination in any manner.

In that view of the matter, we do not find any statable probability of the appeal being allowed in the ultimate analysis. Thus, this Court is of the view that it is not a fit case for suspension of sentence and grant of bail to the appellant.

The bail application stands rejected. Since, the paper book is ready, list this matter on 21.03.2023 for final disposal.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 11.10.2022 PV