Raheem Khan @ Kushwa vs State Of Chhattisgarh
2021 Latest Caselaw 2130 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 1615 of 2018

1. Raheem Khan @ Kushwa S/o Late Lateef Khan Aged About 58 Years R/o Village-
   Pandripani, Police Station- Bilaigarh, Civil And Revenue District- Balodabazar,
   Bhatapara, Chhattisgarh

2. Abdul Khan S/o Basheer Khan Aged About 53 Years R/o Village- Pandripani, Police
   Station- Bilaigarh, Civil And Revenue District- Balodabazar- Bhatapara, Chhattisgarh

3. Ashraf Khan S/o Akbar Khan Aged About 35 Years R/o Village- Pandripani, Police
   Station- Bilaigarh, Civil And Revenue District- Balodabazar- Bhatapara, Chhattisgarh

4. Nasrat Khan S/o Akbar Khan Aged About 33 Years R/o Village- Pandripani, Police
   Station- Bilaigarh, Civil And Revenue District- Balodabazar- Bhatapara, Chhattisgarh

5. Lal Khan S/o Lateef Khan Aged About 50 Years R/o Village- Pandripani, Police
   Station- Bilaigarh, Civil And Revenue District- Balodabazar- Bhatapara, Chhattisgarh

6. Nazir Khan S/o Majid Khan Aged About 26 Years R/o Village- Pandripani, Police
   Station- Bilaigarh, Civil And Revenue District- Balodabazar- Bhatapara, Chhattisgarh

7. Raja @ Kalaam Khan @ Raza S/o Lal Khan Aged About 22 Years R/o Village-
   Pandripani, Police Station- Bilaigarh, Civil And Revenue District- Balodabazar-
   Bhatapara, Chhattisgarh

8. Gaffaar Khan @ Ghassu S/o Jabbar Khan Aged About 42 Years R/o Village-
   Pandripani, Police Station- Bilaigarh, Civil And Revenue District- Balodabazar-
   Bhatapara, Chhattisgarh

9. Abdul Nasir Khan @ Sonu S/o Majid Khan Aged About 29 Years R/o Village-
   Pandripani, Police Station- Bilaigarh, Civil And Revenue District- Balodabazar-
   Bhatapara, Chhattisgarh

                                                                        ---- Appellants

                                      Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Bilaigarh, Civil
  And Revenue District- Balodabazar- Bhatapara, Chhattisgarh

                                                                     ---- Respondents

03/09/2021 Shri Pragalbha Sharma, counsel for the appellant/s.

Shri Ravish Verma, Govt. Adv. for the State.

Heard on application for suspension of sentence and grant of bail filed by appellant No.7 - Raja @ Kalaam Khan @ Raza and appellant No.8 - Gaffar Khan @ Ghassu.

The appellant has been convicted under the impugned judgment of conviction and order of sentence dated 12/10/2018 passed by the 2nd Additional Sessions Judge, Balodabazar, Chhattisgarh in Sessions Case No.16/2015.

Learned counsel for the appellant would submit that earlier, other appellants namely Raheem Khan, Abdul Khan, Ashraf Khan, Nasrat Khan, Lal Khan, Nazir Khan have been granted bail as they had undergone 4 years and 2 months of jail sentence. The application of present appellants were withdrawn because at that time, they had not completed period of four years of sentence. The suspension application has been repeated on behalf of the present appellants i.e. Raja and Gaffar Khan on the ground that they have undergone more than 4 years of jail sentence and they may be granted bail on parity.

On the other hand, learned State counsel submits that these two appellants were also involved with other appellants in the alleged commission of offence of pelting of stone, in which one person died.

Taking into consideration that appellants 1 to 6 have already been granted bail by this Court taking into consideration that they had undergone 4 years of jail sentence and the case of the appellants is no different, to maintain parity, their applications are allowed.

The substantive jail sentence awarded to the appellant No.7 - Raja @ Kalaam Khan @ Raza and appellant No.8 - Gaffar Khan @ Ghassu are suspended and both are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with two lo+cal sureties for the like amount to the satisfaction of the concerned Trial Court for their appearance before the concerned Trial Court on 26/10/2021 and thereafter, their appearance before the concerned Trial Court on all such further dates as may be directed, interval being not less than 6 months, during the pendency of this appeal.

List the matter for final hearing.

Certified copy as per rules.

                           Sd/-                         Sd/-

             (Manindra Mohan Shrivastava)          (Rajani Dubey)
                       Judge                           Judge




Deepti