Abdul Shafique @ Safi vs State Of Chhattisgarh
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Chattisgarh High Court

Abdul Shafique @ Safi vs State Of Chhattisgarh on 22 January, 2025

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Digitally signed
by AVANISH
KUMAR PATHAK                  HIGH COURT OF CHHATTISGARH AT BILASPUR
Date: 2025.01.23
11:35:08 +0530                          CRA No. 2071 of 2024

                   1 - Abdul Shafique @ Safi S/o Abdul Habib Aged About 34 Years R/o
                   R.D.A. Colony, Plot Sanjay Nagar, Police Station Tikrapara Raipur District
                   Raipur (C.G.)

                   2 - Munavvar Begum W/o Sayyed Ahsan Aged About 40 Years R/o Sanjay
                   Nagar, R.D.A. Colony Plot Infront Of Wasim Collection Police Station
                   Tikrapara Raipur District Raipur (C.G.)
                                                                             ... Appellants

                                                      versus

                   1 - State Of Chhattisgarh Through Station House Officer, Police Station
                   Tikrapara Raipur, District Raipur (C.G.)
                                                                             ... Respondent

Order Sheet

22/01/2025 Ms. Smita Jha, Adv. counsel for the appellants.

Ms. Anuradha Jain, PL for the State/respondent. Heard.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of State/ respondent, therefore, issuance of notice to it, is dispensed with.

Also heard on I.A. No.1/2024, application for suspension of sentence under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and grant of bail to the appellants.

By the impugned judgment of conviction and order of sen- tence dated 22-10-2024 passed by the learned Additional Ses- sions Judge, Raipur, Distt. Raipur (C.G.) in S.T. No. 103/2023, each of appellants have been convicted and sentenced as under :-

    S.No.           Conviction                  Sentence
      01.    S. 498-A, IPC.            3 Years RI and fine of Rs.
                                       500/-, in default of pay-
                                       ment of fine, to undergo
                                       RI for 3 months.

Learned counsel for the appellants submits that there is no cogent evidence against the appellants regarding their involve- ment in the offence. Learned trial Court has convicted the appel- lants on the basis of remote evidence. The appellants have a good case on merit, aforesaid fine amount has already been de- posited. During trial, appellants were on bail and never misused the same, therefore, he prays that application for suspension of sentence of the appellants may be allowed and sentence may be suspended till the decision of this appeal.

Per contra, learned State counsel opposes the application for suspension of sentence and grant of bail to the appellants.

I have heard learned counsel for the parties and perused material on record carefully.

Taking into consideration the material available on record, particularly the short sentence, i.e., 3 years imposed upon the ap- pellants, and as the appellants were on bail during trial, I feel in- clined to allow the application for suspension of sentence and grant of bail to the appellants.

In view of above, I.A. No.01/2024, application for suspen- sion of sentence under 430 of the Bhartiya Nagrik Suraksha San-

hita, 2023 and grant of bail to the appellants is allowed.

The substantive jail sentence imposed upon the appellants by the learned trial Court is hereby suspended. They shall be re- leased on bail on each of their executing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the sat- isfaction of the concerned trial Court for their appearance before the Registry of this Court on 25-2-2025. They shall thereafter ap- pear 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, in- terval being not less than 6 months, till final disposal of this ap- peal.

List this matter for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Pathak