Mohammad Anish @ Sikku @ Sikander Jayasi vs State Of Chhattisgarh
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Chattisgarh High Court

Mohammad Anish @ Sikku @ Sikander Jayasi vs State Of Chhattisgarh on 6 March, 2025

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                              HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                 CRA No. 1553 of 2023
                      Mohammad Anish @ Sikku @ Sikander Jayasi S/o Nisar Ahmad Aged
                      About 21 Years R/o Ward No. 9, Bajrangnagar, Thana And Tahsil-
                      Takhatpur, District Bilaspur (C.G.)
                                                                                  ... Appellant
                                                        versus
                      State of Chhattisgarh Through Police Station - Takhatpur, District
                      Bilaspur (C.G.)
                                                                               ... Respondent

Order Sheet

06/03/2025 Heard Mr. Rishi Rahul Soni, learned counsel for

the appellant. Also heard Mr. Bharat Gulbani, learned

Panel Lawyer, appearing for the respondent/State as

well as Mr. Banhiman Roy, learned counsel, appearing ABHISHEK SHRIVAS for the objector on the instant application for

suspension of sentence and grant of bail (I.A. No. 1 of

2023).

20:17:15 +0530

By the impugned judgment of conviction and

order of sentence dated 10.07.2023, the learned

Session Judge, Bilaspur, District Bilaspur (C.G.) in

Session Case No. 164/2021, has convicted and

sentenced the appellant in the following manner:

Conviction Sentence Under Section 307 of the Rigorous imprisonment (for Indian Penal Code (for short, 'R.I.') for 08 years short, 'IPC') with fine of Rs. 500/-, in default of payment of fine further RI for 03 months.

Learned counsel for the convict/appellant argued

that the appellant has been falsely implicated in the

present case and that there is no evidence on record to

connect the appellant with the commission of the

offence. Furthermore, learned counsel for the appellant

argued that the injured is the cousin brother of the

appellant and the allegation against the appellant is

that the appellant stabbed one injury to the injured

which was found to be grievous injury, but as per the

MLC report there was no opinion, that the said injury

was found to be grievous in nature. He would submit

that the appellant was in bail during trial and he did not

misuse the liberty of bail granted to him and thereafter,

he is languishing in jail since the date of pronouncement

of the judgment of the learned trial Court i.e. 10.07.2023,

further, the appeal is likely to take a couple of years or

even more in its final disposal, hence he prays that the

appellant be enlarged on bail.

Learned counsel for the appellant relied upon the

judgment passed by the Hon'ble Apex Court in the

matters of Atul Alias Ashutosh vs. State of Madhya

Pradesh (2024) 3 SCC 663 and Nanhe Lal Verma

vs. State of Madhya Pradesh (Arising out of SLP

(Criminal) No. 14769 of 2024) decided on

25.11.2024 wherein, the Hon'ble Apex Court has held

that when there is a fixed term sentence and especially

when the appeal is not likely to be heard before

completing entire period of sentence, normally

suspension of sentence and bail should be granted.

On the other hand, learned State counsel

opposes the prayer for grant of bail to the appellant

and submits that the judgment of the learned trial Court

is just and proper. The prosecution has proved its case

beyond doubts by way of evidence. It is also submitted

that, the accused has been tried and convicted strictly

in accordance with law and his release on bail would

defeat the interest of justice.

Learned counsel for the objector also opposed

prayer for bail made by the learned counsel for the

appellant.

I have heard learned counsel for the parties and

perused the documents appended with the bail

application.

Considering the submissions advanced by the

learned counsel for the parties, further considering the

law laid down by the Hon'ble Apex Court in Atul Alia

Ashutosh (Supra) and Nanhe Lal Verma (Supra),

also considering the fact that the injured person is the

cousin brother of the appellant. The allegation against

the appellant is that he stabbed the injured person

once, causing an injury that was deemed grievous.

However, according to the MLC report, there was no

opinion stating that the said injury was grievous in

nature, further, the fact that the appellant was in bail

during trial and he did not misuse the liberty of bail

granted to him and thereafter, he is languishing in jail

since the date of pronouncement of the judgment of the

learned trial Court i.e. 10.07.2023 and further hearing of

this appeal would take prolonged period of time, I

deem it appropriate to allow the application for

suspension of sentence and grant of bail moved on

behalf of the appellant.

Accordingly, the substantive jail sentence

awarded to appellant - Mohammad Anish @ Sikku

@ Sikander Jayasi, by the learned trial Court is

hereby suspended. He shall be released on bail on his

executing bail bond to the satisfaction of the concerned

trial Court for his appearance before the Registry of

this Court on 08.04.2025. He 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 him by the said Court, interval being not less

than 6 months, till final disposal of this appeal.

Consequently, I.A. No. 1 of 2023 is allowed.

It is made clear that the observations made

hereinabove are only confined for disposal of aforesaid

I.A. filed in this appeal and it shall not be construed as

an expression of opinion of this Court on the merits of

the matter.

List this matter for final hearing after six months

before the appropriate Bench.

C.C. as per rules.

Sd/-

(Ramesh Sinha) Chief Justice

Abhishek