Chattisgarh High Court
Mohammad Ummat Momin @ Badu vs State Of Chhattisgarh on 8 August, 2025
1/3
Digitally signed
by BHOLA
NATH KHATAI
Date: 2025.08.11
10:52:56 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1431 of 2025
1 - Mohammad Ummat Momin @ Badu S/o Abdul Gafur, Aged About 51
Years R/o Chaitma, Thana - Pali, Distt, - Korba (C.G.)
2 - Mohammad Shamsher S/o Mohammad Ummat Momin, Aged About 30
Years R/o Chaitma, Thana - Pali, Distt, - Korba (C.G.)
... Appellants
versus
1 - State Of Chhattisgarh Through Thana- Azak Korba, Distt. - Korba
(C.G.)
... Respondent
Order Sheet
08/08/2025 Mr. Arvind Prasad, counsel for appellants.
Ms. Priya Sharma, P.L. for State.
Heard on I.A. No.01/2025, application under Section
430 of BNSS for suspension of sentence and grant of bail.
By the impugned judgment dated 24.06.2025 passed
by learned Special Judge [SC & ST (PA), Act], Korba,
District Korba (CG) in Special Criminal Case No.07/2020,
the appellants have been convicted and sentenced as
under:-
Conviction Sentence
U/s 294 of IPC R.I. for 3 months and fine of Rs.
1,000/-, in default of payment of
fine, additional R.I. for 15 days.
U/s 323 of IPC R.I. for 6 months and fine of Rs.
1,000/-, in default of payment of
fine, additional R.I. for 1 month.
U/s 3(2)(va) of SC/ST R.I. for 6 months and fine of Rs.
(PA) Act 1,000/-, in default of payment of
fine, additional R.I. for 1 month.
(All the sentences were directed to run concurrently.)
Learned counsel for appellants submits that the
appellants are innocent and they have been falsely
implicated in this case. He submits that during trial the
appellants were in custody for about 16 days and after
passing of the impugned judgment, they are on bail. He
submits that the maximum sentence imposed upon the
appellants are 6 months, out of which they have already
remained in custody for about 16 days, fine has already
been deposited and the appeal being of the year 2025,
there is no likelihood of its early final disposal, therefore,
considering all these facts the jail sentence of the
appellants may be suspended till the final disposal of the
appeal.
On the other hand, learned State counsel opposes
the bail application.
The victim/complainant appeared before this Court
today through virtual mode from concerned DLSA and
raised his objection in suspension of sentence.
Considering the entire facts and circumstances of the
case, particularly the facts that the appellants are on bail,
the maximum sentence imposed upon the appellants is 6
months, out of which they have remained in custody for
about 16 days, fine has already been deposited and the
final disposal of this appeal is likely to take considerable
time, the application for suspension of sentence (I.A. No.01)
is allowed.
It is directed that the substantive jail sentence
imposed upon the appellants shall remain suspended till
final disposal of this appeal on their executing a personal
bond for a sum of Rs. 25,000/- each with one surety for the
like sum to the satisfaction of the trial Court for their
appearance before the Registry of this Court on 24th
September, 2025. They shall thereafter appear before the
concerned trial Court on a date to be given by the Registry
of this Court and thereafter, continue to appear before the
trial Court on all such subsequent dates as are given to
them by the said Court till disposal of this appeal.
Record of the Trial Court has already been received.
List the case for final hearing in due course.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
