1 / 3 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 310 of 2025 Akash Kohali S/o Anil Kumar Kohali Aged About 22 Years R/o Bmy Charoda, Behind Baba Sweets, Police Station Old Bhilai, District Durg Chhattisgarh ...Appellant versus State Of Chhattisgarh Through P.S. Old Bhilai, District Durg Chhattisgarh ... Respondent 28/02/2025 Mr. Mayank Chandrakar, 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 14.11.2024 passed by learned fifth Additional Sessions Judge, Durg, District Durg (C.G.) passed in Session Trial No. 56/23 in Criminal Case No. 16/2023, whereby appellant has been convicted and sentenced as under: Conviction Sentence Under Section 397 read with Section 34 of the Indian Penal Code 07 years R.I. and fine of Rs. 1000/- in default of fine amount 06 month R.I. 2 / 3 Under Section 25 and 27 of the Arms Act 03 years RI and fine of Rs. 500/- in default of fine amount 03 months R.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 13.01.2023 that is for more than 02 years. 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 the mobile phone was looted by the appellant from the possession of the complainant and during the robbery appellant used deadly weapon knife through which he caused serious incise wounds on the vital body part of the complainant that is on his neck 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 3 / 3 and grant of bail of the appellant is hereby rejected. Consequently, IA No. 01/2025 stands rejected List this case for final hearing on merits. sd/- (Arvind Kumar Verma) JUDGE alfiza