Chattisgarh High Court
Ramesh Kumar vs State Of Chhattisgarh on 6 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1291 of 2017
Bhuwanram S/o Guha Satnami, Aged About 40 Years R/o Village Beeja, Police Station
Takhatpur, District Bilaspur Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Police Station Baloda, District Janjgir Champa Chhattisgarh
---- Respondent
CRA No. 1388 of 2017
Santosh Kumar S/o Fagguram Bharti, Aged About 32 Years R/o Village Bija, Police Station
Takhatpur, District Bilaspur, Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Baloda, District Janjgir Champa,
Chhattisgarh
---- Respondent
CRA No. 1395 of 2017
Ramesh Kumar S/o Shri Bharat Lal Bargah, Aged About 32 Years R/o Ranigaon, P. S.
Takhatpur, District Bilaspur Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through The Police Station Balauda, District Janjgir Champa
Chhattisgarh
---- Respondent
CRA No. 1748 of 2017
Ranjit Pradhan S/o Parma Pradhan Aged About 37 Years R/o Sonavan Pali, Thana
Senduravo, District Sambalpur Odisha
---- Appellant
Versus
State Of Chhattisgarh Through Police Station Baloda, District Janjgir- Champa, Chhattisgarh
---- Respondent
CRA No. 1786 of 2017
Sunil Rajak S/o Beeja Aged About 29 Years R/o Thana Thakhatakpur, Dist. Bilaspur
Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Police Station Baloda District Janjgir Champa Chhattisgarh
---- Respondent
06/08/2021 Shri B.P. Singh, counsel for the appellants in CRA No.1291 & 1395 of 2017.
Dr. Shailesh Ahuja, counsel for the appellant in CRA No.1388 of 2017.
Shri Anumeh Shrivastava, counsel for the appellant in CRA No.1748 of 2017.
Ms. Shriya Mishra, counsel appears on behalf of Shri Mateen Siddiqui, counsel for
the appellant in CRA No.1786 of 2017.
Shri Rahul Jha, GA for the State.
Heard on applications for suspension of sentence and grant of bail to the
appellants.
The appellants stand convicted under Section 20 (b) (ii) (C) of the N.D.P.S Act and
sentenced to undergo R.I. for 10 years and to pay fine of Rs.1,00,000/-, each, with usual
default stipulation vide judgment dated 09.08.2017 passed by the Special Judge
(N.D.P.S.), Janjgir-Champa (C.G.) in N.D.P.S. Case No.42/2016.
Learned counsel for the appellants would submit that the maximum sentence
awarded to the appellants is R.I. for 10 years and the appellants are in jail since
14.07.2016. As such they have suffered more than half of the jail sentence. They would
further submit that the appeals are of the year 2017 and the hearing of the appeals may
take some time, therefore, the substantive jail sentence imposed upon the appellants may
be suspended and they may be released on bail.
Learned State counsel do not dispute the fact that the appellants are in jail since
14.07.2016 and have completed more than half of the jail sentence.
Considering the fact that the appellants are in jail since 14.07.2016 as such they
have suffered more than 50% of the jail sentence and the hearing of the appeals may take
time as these are of the year 2017, I am inclined to suspend the sentence and release the
appellants on bail.
Accordingly, applications for suspension of sentence and grant of bail to appellants
are allowed.
Execution of further substantive jail sentence imposed on appellants shall remain
suspended and they are directed to be released on bail on each of them depositing fine of
Rs.25000/- and each of them executing a personal bond for a sum Rs.25,000/- with one
surety for the like sum to the satisfaction of the Trial Court for their appearance before the
Registry of this Court on 21st of October, 2021. They 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 them by the said Court, till the disposal
of these appeals.
Sd/-
Goutam Bhaduri
Judge
ashu
