Chattisgarh High Court
Khustar [email protected] Anwar vs State Of Chhattisgarh on 21 February, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
(Proceedings Through Video Conferencing)
Order Sheet
CRR No. 627 of 2021
1. Khustar [email protected] Anwar S/o Late Usman Gani Aged About 37 Years R/o 738/1,
Gali No. 22, Tugalkabad, New Delhi
2. Firoz Ahmad @ Deepak S/o Aas Mohammad Aged About 37 Years R/o 202,
Saurabh Vihar, Jaitpur, District Badarpur New Delhi
---- Applicants
Versus
State Of Chhattisgarh Through District Magistrate District Raipur Chhattisgarh
---- Respondent
K
21.02.2022 Mr. Vivek Sharma, Counsel for the Applicants.
Mr. Kashif Shakeel, Dy. A.G. for the State.
Heard on IA No. 01, application for suspension of sentence and
grant of bail to the applicants.
By the impugned judgment dated 28.08.2021, passed by the
learned Additional Sessions Judge, Raipur, C.G. in Criminal Appeal
No. 208/2019, arising out of judgment dated 09.04.2019 passed by the
Special Railway Magistrate, Raipur (C.G.) in Criminal Case
No.7952/2017, the applicants stands convicted and sentenced as
under :-
Conviction Sentence
Under Section 120 B of the Indian R.I. for one year and fine of Rs,
Penal Code 2,000/- each in default of payment
of fine further R.I. for two months
respectively.
Under Section 420/34 B of the R.I. for one year and fine of Rs,
Indian Penal Code 2,000/- each in default of payment
of fine further R.I. for two months
respectively.
Under Section 467 of the Indian R.I. for one year and fine of Rs,
Penal Code 2,000/- each in default of payment
of fine further R.I. for two months
respectively.
Under Section 468 of the Indian R.I. for one year and fine of Rs,
Penal Code 1,000/- each in default of payment
of fine further R.I. for one month
respectively.
Under Section 471 of the Indian R.I. for one year and fine of Rs,
Penal Code 1,000/- each in default of payment
of fine further R.I. for one month
respectively.
Under Section 473 of the Indian R.I. for one year and fine of Rs,
Penal Code 1,000/- each in default of payment
of fine further R.I. for one month
respectively.
All sentences will run concurrently.
Considering the facts and circumstances of the case, in
particular the health condition of the applicant No.1/Khustar Parvez @
Anwar and that they have been in jail for 606 and 607 days
respectively during trial and thereafter since the date of impugned
judgment i.e. 28.08.2021, disposal of revision is likely to take some
time, without expressing any opinion on merits of the case, I am of the
opinion that present is a fit case to suspend the jail sentence imposed
upon the applicants and to release them on bail.
Accordingly, the bail application (I.A. No.01/2021) is allowed.
It is directed that the execution of substantive jail sentence
imposed upon the applicants shall remain suspended during the
pendency of this revision and they shall be released on bail on each
of them furnishing a personal bond in the sum of Rs. 1,00,000/- with
two sureties of Rs.1,00,000/- each, of them to the satisfaction of the
trial Court. They shall appear before the Registry of this Court on
16.06.2022 and thereafter appear before the trial Court on a date to be
given by the Registry and thereafter continue to appear before the trial
Court on all such dates as are given to them by the said Court till
disposal of this revision.
List this case for final hearing in the month of May, 2022.
Sd/-
(Gautam Chourdiya)
Judge
yasmin
