Firdous Khan vs State Of Chhattisgarh
2025 Latest Caselaw 257 Chatt

Chattisgarh High Court

Firdous Khan vs State Of Chhattisgarh on 5 June, 2025

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Digitally signed
by AVANISH
KUMAR
PATHAK
Date:
2025.06.05
15:59:32 +0530              HIGH COURT OF CHHATTISGARH AT BILASPUR



                                                CRA No. 926 of 2025


                   1 - Firdous Khan W/o Yunus Khan Aged About 47 Years R/o Jogi Bangla, Block
                   C/01 D.D. Nagar, Raipur P.S. D.D. Nagar Dist - Raipur (C.G.).


                   2 - Mubshira Khan D/o Yunus Khan Aged About 20 Years R/o Jogi Bangla, Block
                   C/01 D.D. Nagar, Raipur P.S. D.D. Nagar Dist- Raipur (C.G.).
                                                                               ... Appellants
                                                         versus
                   1 - State Of Chhattisgarh Through Police Station, D.D. Nagar District - Raipur
                   (C.G.)
                                                                                   ... Respondents

Order Sheet

05/06/2025 Mr. Rajesh Roshan Singh, Adv. for the appellants.

Mr. Jitendra Shrivastava, Govt. Adv. for the State/respondent.

Heard on I.A. No.1/2025, 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

sentence dated 4-4-2025 passed by the learned Special Judge (N.D.P.S. Act), Raipur, District Raipur in Special Case No. 189/2021, each of the appellants have been convicted and sentenced as under :-

S.No. Conviction Sentence

01. 22(B) of the N.D.P.S. 5 years RI and fine of Rs.

               Act                         50,000/-,   in   default   of
                                           payment     of    fine,    to
                                           undergo RI for 1 year.

On the last date of hearing, learned counsel for the State was directed to verify about the medical urgency of the appellant No. 2. Accordingly, he has produced a document obtained from the Medical Officer of Central Jail, Raipur, according to which, the appellant No. 2 is carrying pregnancy of about 7 months and expected date of delivery is 29-8-2025. The above document be filed.

Learned counsel for the appellants submits that the appellants have been falsely implicated in the case. The appellant No. 2 is carrying pregnancy of about 7 months, and expected date of her delivery is 29-8-2025. Therefore, looking to the facts and circumstances of the case, for the present, the bail application in respect of appellant No. 2 may be considered and bail may be granted to her.

Learned counsel for the State opposes the bail application. However, he submits that, as per medical document, the appellant No. 2 is pregnant.

I have heard learned counsel for the parties and perused material available on record and the medical document produced by the State counsel.

Considering the facts and circumstances of the case,

further considering that the appellant No. 2 is carrying pregnancy of advance stage, the I.A. No. 1/2025 so far as it relates to appellant No. 2 Mubshira Khan only, is allowed.

The substantive jail sentence imposed upon the appellant No. 2 Mubshira Khan by the learned Special Court is hereby suspended. She shall be released on bail on her executing a personal bond in the sum of Rs. 10,000/- with one local surety of the like amount to the satisfaction of the concerned trial Court for her appearance before the Registry of this Court on 23-6-2025. She shall thereafter appear before the concerned Special 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, interval being not less than 5 months, till final disposal of this appeal.

It is made clear that the Special Court shall verify the residential address of appellant No. 2, while accepting the bail bond.

List this matter for consideration of of I.A. No. 1/2025 with regard to appellant No. 2 after summer vacation.

I.A. 2/2025 for urgent hearing and I.A. No. 3/2025 for hearing during summer vacation stand disposed of.

Certified copy as per rules.

Sd/-

(Amitendra Kishore Prasad) Judge

Pathak