Adnan Kurashi vs State Of Chhattisgarh
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Chattisgarh High Court

Adnan Kurashi vs State Of Chhattisgarh on 25 March, 2025

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KAIWART Date:
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                              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                 CRA No. 586 of 2022

                            ADNAN KURASHI versus STATE OF CHHATTISGARH
                                               WITH

                                                    CRA/1265/2024

                                                     Order Sheet




                     25.03.2025            Mr. Sudhanshu Kumar Singh, Advocate for the
                                  appellant in CRA No. 586/2022.

                                           Mr. Ashish Gangwani, Advocate for the appellant in
                                  CRA No.1265/2024.

                                           Mr. Sharad Mishra, Panel Lawyer for the respondent-

State.

In CRA No.1265/2024 :-

Heard.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of the respondent.

Also heard on I.A. No.02/2024, which is an application filed under Section 389 of the CPC for suspension of sentence and grant of bail.

The appellant has been convicted for offence under Section 307/34 of the IPC and sentenced to undergo R.I. for seven years and pay fine of Rs.10,000/- and in default of payment of fine additional R.I. for 6 months by the impugned judgment dated 21.02.2022 passed by the I Additional Sessions Judge, District Rajnandgaon, C.G. in Sessions Trial No.54/2019, which has been challenged by way of this appeal.

Mr. Ashish Gangwani, learned counsel for the appellant submits that the co-accused - Adnan Kurashi has already been granted privilege of bail vide order of this Court dated 22.09.2022 and victim Mohhammad Irfan (PW-

04) remain hospitalized only for seven days and the appeal is likely to take time for its conclusion and, therefore, the appellant may be enlarged on bail.

Per contra, Mr. Sharad Mishra, learned State counsel, opposes the bail application.

I have heard learned counsel for the parties, considered their rival submissions and also perused the records with utmost circumspection.

Taking into consideration the nature and gravity of offence, facts and circumstances of the case, considering the injuries suffered by victim Mohhammad Irfan (PW-4) and also considering that the appeal is likely to take time for

its conclusion, and the co-accused- Adnan Kurashi has already been granted privilege of bail and also that the appellant has remained in custody for more than 04 years, I am of the view that it is a fit case in which substantive sentence of imprisonment imposed upon the appellant shall be suspended.

Accordingly, the I.A. No.02/2024 is allowed and substantive jail sentence awarded to the appellant - Mohit Gupta, is suspended and he shall be released on bail on him furnishing a personal bond in the sum of Rs.25,000/-, along with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 26th of June, 2025. He shall thereafter, appear before the 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, till the disposal of this appeal.

However, observation made herein above is only confined to disposal of bail application and shall not be construed as opinion on merits of the matter.

Certified copy as per rules.

Thereafter, list both the appeals for final hearing in due course.

Sd/-

(Sanjay K. Agrawal) Judge @d!t!