Mubarak Ali vs The State Of Chhattisgarh
2025 Latest Caselaw 4138 Chatt

Chattisgarh High Court

Mubarak Ali vs The State Of Chhattisgarh on 1 September, 2025

                                               1




              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   CRA No. 1520 of 2025

1 - Mubarak Ali S/o Athar Hussain Aged About 21 Years R/o Mahuadih Police
Station - Shankargarh District- Balrampur- Ramanujganj (C.G.)
                                                                          ... Appellant
                                           Versus


1 - The State Of Chhattisgarh Through S.H.O. Police Station Shankargarh
District- Balrampur Ramanujganj (C.G.)
                                                                        ... Respondents

Order Sheet

01/09/2025 Mr. Rishikant Mahobia, Advocate for the Appellant.

Mr. Vivek Sharma, P.L. for the Respondent/State.

Heard on admission.

Case is admitted for hearing.

Also heard on I.A. No. 01/2025 which is an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 21.07.2025 (Annexure A/1) passed by the learned Second Sessions Judge, Balrampur, District - Balrampur-Ramanujganj (C.G.) in Sessions Case No. Digitally SHUBHAM signed by DEY SHUBHAM DEY

53/2025, has convicted and sentenced the Appellant as

under:-

Conviction Sentence U/s 109 (1) r/w. Section 3 (5) R.I. for 7 years and fine of Rs. of B.N.S, 2023. 5,000/- in default R.I. for 06 months.

Learned counsel for the appellant submits that according to the documentary evidence available on record and the oral evidence of Doctor, it is appearing that the injury suffered by the injured was simple in nature. He further contended that according to the evidence of the injured, it is the co-accused who gave assault by means of Knife and not the appellant and therefore, the appellant cannot be held liable for causing grievous injury, if any.

On the other hand, learned State Counsel opposes the bail application and would submit that there is specific evidence against the appellant that he accompanied the accused and have caught hold the hand of injured when co- accused caused grievous injuries by means of knife. Knife blow is upon his neck.

He also contended that the Doctor Aftab Ansari in his evidence have clearly stated that the injury suffered by the injured were grievous in nature.

I have heard learned counsel for the respective parties.

Taking into consideration the facts and circumstances of the case, submission of counsel for the respective parties, evidence of injured and Doctor Aftab Ansari, I do not find present to be a fit case to allow the application for suspension

of sentence and grant of bail to the applicant.

Accordingly, I.A. No. 01/2025 stands dismissed.

List this case after twelve weeks.

Sd/-

(Parth Prateem Sahu) Judge

Dey