Najma Khatun vs State Of Chhattisgarh
2022 Latest Caselaw 1258 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                                  CRR No. 278 of 2022

 • Najma Khatun W/o Mohammad Habib Aged About 30 Years Presently
   Residing At House No. 411, Infront Of Natraj Press, Durpa Road, Korba,
   Permanent R/o Sond Guljar Bag, Police Station Guraula, Nearby Chhoti
   Masjid District Vaishali (Bihar)                          ---- Applicant

                                     Versus

 • State Of Chhattisgarh Through Police Station Kotwali, Korba, District Korba
   Chhattisgarh.

                                                                    --- Non-Applicant



10.03.2022

Shri Anil Gulati, Counsel for the Applicant.

Mr. Priyanshu Gupta, P.L. for the State/Non-Applicant.

Heard on admission.

Call for record of the Court below.

Also heard I.A. No. 01/2022, an application for

suspension of sentence and grant of bail to the Appellant.

By the impugned judgment dated 31.01.2022 passed in

Criminal Appeal Case No.92/2021 by the learned Additional

Session Judge (F.T.C.) Korba, District Korba (C.G.), the

Appellant stands convicted as mentioned below:

Conviction Sentence

Under Section 363 RI for 06 year with a fine amount of of I.P.C. Rs.1,000/-

Learned counsel for the Appellant submits that the

Appellant has been wrongly convicted by the Trial Court in the

judgment without there being any sufficient evidence available

on record. He further submits that the Appellant has already

completed 03 months of jail sentence out of total 06 months of

jail sentence imposed by the trial Court. Hence, it is prayed that

his application may be allowed.

On the other hand, Learned counsel for the State has

opposed the bail application and submissions made in this

respect.

Heard both the parties and perused the record of the Trial

Court.

After perusing the impugned judgment and considering

fact that the Appellant has already completed 03 months of jail

sentence out of total 06 months sentence imposed by the trial

Court, for this reason, I am of this opinion that it will be proper to

release the Appellant on bail during the pendency of this

appeal.

Execution of substantive jail sentences imposed upon the

appellant shall remain suspended during the pendency of this

appeal and she shall be released on bail on executing a

personal bond for a sum of Rs.25,000/- with one solvent surety

for the like sum to the satisfaction of the Trial Court for her appearance before the Registry of this Court on 12.07.2022.

She shall thereafter appear before the Trial Court on a date to

be given by the Registry of this Court and shall continue to

appear there on all such subsequent dates as are given to her

by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

vivek