Sheikh Kurban @ Gulam Mustafa vs State Of Chhattisgarh
2025 Latest Caselaw 1248 Chatt

Chattisgarh High Court

Sheikh Kurban @ Gulam Mustafa vs State Of Chhattisgarh on 16 January, 2025

                                                      1




              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                             CRA No. 1881 of 2024

Sheikh Kurban @ Gulam Mustafa S/o Sheikh Asiruddin Aged About 28 Years R/o
Village Bhelo, P/s Khanakul, District Hugli, West Bengal.
                                                                      ... Appellant(s)
                                                    versus
State Of Chhattisgarh Through SHO P/S Tikrapara, Raipur, Chhattisgarh.
                                                                    ... Respondent(s)

Order Sheet

16/01/2025 Mr. Vinay Nag Dev, counsel for the appellant.

Mr. Vivek Sharma, Panel Lawyer for the State/respondent.

Heard on IA No.01/2024, application under Section 430 of the Bharatiya Nagarik Surakhsa Sanhita, 2023 for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated 12.9.2024 passed by Second Upper Sessions Judge, Raipur (CG) in Session Case No.305/2022, the appellant has been convicted and sentenced as under:-

                BINI    PRADEEP
                PRADEEP Date:
                        2025.01.17
                          11:07:13 +0530


   Conviction u/s     Sentence        Fine      Default



   307 IPC          RI for 07     Rs.1000/-    RI for 03
                    years                      months

   25(1-b)(b) and RI for 03     Rs.500/-       RI for 01
                  years on each                month on
   27 Arms Act                  each count
                  count                        each
                                               count

Learned counsel for the appellant submits that in the instant case, co-accused Penu @ Sheikh Mahboob has been acquitted by the trial Court, but on the same set of facts, present appellant has been convicted. He further submits that the victim has not identified the appellant and even TI parade has not been conducted. The victim has been examined after more than one month from the date of incident, therefore, jail sentences imposed upon the appellant may be suspended till disposal of the appeal.

Per contra, learned counsel for the State while opposing the bail application submits that it is a case of kidnapping and attempt of murder of minor boy, aged about 08 years. He further submits that the victim has stated in his deposition that he identified the appellant and further even during trial, the appellant has not been granted bail, therefore, his bail application may be suspended.

Heard learned counsel for the parties and perused the record.

It is a case of kidnapping and attempt of murder of a minor boy, aged about 08 years, who has also been injured. The victim has identified the appellant in the court during

trial.

Having considered the aforesaid facts, at this stage, I am not inclined to grant bail to the appellant.

Accordingly, IA No.01/2024 is rejected. List this case for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Bini