ATTARHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on I.A. No. 1/2020, application for suspension of sentence and grant of bail during pendency of the appeal.

(2.) The appellant herein stands convicted for offence punishable under Sec. 302 of IPC by learned Session Judge, Bilaspur in Sessions Trial No. 88/2015 vide judgment dtd. 16/02/2016 and has been sentenced to undergo imprisonment for life and fine of Rs.1,000.00 in default of payment of fine, additional R.I. for six months.

(3.) Mr. Dheerendra Pandey, learned counsel for the appellant, would submit that though the appellant was convicted for the aforesaid offence by the Session Judge vide judgment dtd. 16/02/2016 and his two previous applications for suspension of sentence and grant of bail have been dismissed on merit vide orders dtd. 01/03/2017 and 17/01/2020 and he is in jail since 14/05/2015, but on identical set of facts, main accused Kanhaiya Lal Mishra, who was earlier absconding, was tried and vide judgment dtd. 22/01/2020 (Annexure A/1), he has been acquitted from all the charges. Since the evidence in the case of the appellant is same as the case of Kanhaiya Lal Mishra and charge-sheet as well as other documents are also same and he has been tried on the basis of the record of criminal case of this proceeding and has ultimately been acquitted, therefore, the instant third bail application filed by the appellant deserves to be granted and his sentence deserves to be suspended.