Ibrahim @ Bhausa vs State Of Chhattisgarh
2021 Latest Caselaw 1653 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                   CRA No. 520 of 2021

    Ibrahim @ Bhausa S/o Mohd. Sakoor, aged about 33 years, R/o Village: Datima,
    Chouki Karanji, P.S. Vishrampur, District : Surajpur, Chhattisgarh

                                                                             ---- Appellant

                                          Versus

    State of Chhattisgarh through Officer In-Charge, Police Chouki - Karanji, Police Station
    Vishrampur, District : Surajpur, Chhattisgarh

                                                                          ---- Respondent

09.08.2021 Ms. Meena Shastri, Counsel for the Appellant.

Mr. Amit Singh, P.L. for the State/Respondent.

Heard on admission.

Admit.

Also heard on I.A. No. 01/2021, an application for suspension of

sentence and grant of bail to the Appellant.

By the impugned judgment date 08.03.2021 passed in Special Criminal

Case No.01/2019 by the learned Special Judge, NDPS Act, Surajpur, District:

Surajpur (C.G.) the Appellant stands convicted as mentioned below:

Conviction Sentence In Default

U/s 21 (B) of NDPS Act, RI for 05 years with a In default of payment of 1985 fine amount of fine amount additional RI Rs.20,000/- for 06 months.

Learned counsel for the appellant submits that the Appellant has been

wrongly convicted by the Trial Court in the judgment without there being any sufficient evidence available on record. She submits that both the seizure

witnesses of the case have not supported the case of the prosecution,

therefore, conviction of the appellant is not sustainable. He further submits

that during trial the Appellant was on bail and after the judgment of the Trial

Court he is in jail since 08.03.2021. Hence, it is prayed that his application be

allowed.

On the other hand, Learned counsel for the State has opposed the bail

application and submissions made in this respect.

Heard both the parties and perused the record of the Trial Court.

After perusing the impugned judgment, statements of witnesses and

considering the fact that during trial the Appellant was on bail and he has not

misused the liberty given to him, I am of this opinion that it will be proper to

release the Appellant on bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the appellant

shall remain suspended during the pendency of this appeal and he shall be

released on bail on executing a personal bond for a sum of Rs.25,000/- with

one solvent surety for the like sum to the satisfaction of the Trial Court for his

appearance before the Registry of this Court on 10.12.2021. 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 them by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge Saurabh