Chattisgarh High Court
Nasrullah Khan vs The State Of Chhattisgarh on 23 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 512 of 2025
1 - Nasrullah Khan S/o Shaukat Ali Aged About 65 Years R/o Village- Vijaynagar,
Police Station Ramanujganj, District- Balrampur-Ramanujganj (C.G.)
2 - Bakridan Ansari S/o Md. Ishaque Aged About 70 Years R/o Village-
Ramchandrapur, Police Station- Ramchandrapur, District- Balrampur-
Ramanujganj (C.G.)
... applicants
versus
1 - The State Of Chhattisgarh Through Sho, Police Station- Ramanujganj,
District- Balrampur-Ramanujganj (C.G.)
... Respondent(s)
Order on Board
23/04/2025 Mr. Rishikant Mahobia, learned counsel for the applicants.
Ms. Sunita Manikpuri, Dy. Govt. Advocate, for the
Respondent/ State.
The Revision is admitted for hearing.
Call for the record of the trial Court as well as the appellate
Court.
Also heard on I.A. No. 1 of 2025, which is an application
for suspension of sentence and for grant of bail.
The applicants have challenged the impugned
judgment/order dated 07.04.2025, passed by Session Judge,
Balrampur-Ramanujganj, District Balrampur-Ramanujganj (C.G.)
in Criminal Appeal No. 50/2018 whereby the appeal preferred by
the applicants have been dismissed upholding the judgment of
conviction and sentence dated 14.11.2018 passed by Chief
Judicial Magistrate, Balrampur-Ramanujganj passed in Criminal
Case No. 97/2013, wherein the applicants have been convicted
and sentenced as under:-
S. No. Conviction Sentence
1. Under Section 420 read R.I. for three years and fine
with Section 34 of IPC of Rs. 500/-, in default of
payment of fine, further
undergo R.I. for one month.
Learned counsel for the applicants would submit that the
incident is of the year 2003 whereas the FIR has been lodged in
the year 2006 and in the FIR, the present applicants has not been
named. He has been made accused in the year 2017 while
invoking the powers under Section 319 of Cr.P.C. It is alleged that
total Rs. 49,580/- has been deposited in the bank account
applicant No. 1 Nasrullah Khan and Rs. 1,60,020/- has been
deposited in the bank account of applicant No. 2 Bakridhan
Ansari whereas the persons in whose names the cheques were
issued, have not been examined and the account of the present
applicants has also not been produced in the case. The person
who inquired the matter has died and therefore, no opportunity of
his cross-examination have been available to the applicants
during the trial yet the learned trial Court has convicted him and
sentenced. He would further submit that during the trial as well as
during the pendency of the appeal, the applicants were on bail
and have not misused the liberty granted to them and presently
they are in jail since 07/04/2025. The revision is of the year 2025
and it will take its own time for final adjudication, therefore, the
applicants may be enlarged on bail.
On the other hand, learned counsel for the State, opposes
the submissions made by learned counsel for the applicants.
Considering the submission made by learned counsel for
the parties, also considering the nature of allegation made
against the applicants; further considering that during trial and as
well as during appeal they were on bail and the total period of
sentence awarded to the applicants is of three years and further
the applicants is in jail since 7.4.2025 i.e. from passing of the
impugned judgment and the fact that final hearing of this revision
would take some long time, I deem it appropriate to allow the
application for suspension of sentence and grant of bail to the
applicants.
Accordingly, the substantive jail sentence awarded to
applicants by the learned trial Court is hereby suspended.
They shall be released on bail their executing bail on his
furnishing a personal bond for a sum Rs. 25,000/- each with one
surety in like sum to the satisfaction of the Trial Court for their
appearance before Registry of this Court on 18/06/2025. They
shall thereafter, appear before the concerned 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 them
by the said Court, till disposal of this appeal.
Consequently, I.A. No. 01/2025 stands disposed of.
List this case for final hearing along with CRR No.
475/2025, CRR 484/2025, CRR 485/2025.
Sd/-
(Ravindra Kumar Agrawal)
Judge
sagrika
SAGRIKA AGRAWAL
AGRAWAL Date:
2025.04.23
14:55:41 +0530
