Lakhanlal Gond vs State Of Chhattisgarh
2021 Latest Caselaw 3632 Chatt

                                                                                  NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 1505 of 2021

   Lakhanlal Gond, S/o Daduram Kunjam, aged about 46 Years, R/o Ganjpara, Near
     Bandha Talab, Durg, District Durg, Chhattisgarh.

                                                                            ----Appellant

                                          Versus

   State of Chhattisgarh, Through Station House Officer, Police Station Durg, District
     Durg, Chhattisgarh.

                                                                        ---- Respondent

10/12/2021 Mr. Amiyakant Tiwari, counsel for the appellant.

Mr. Rahim Ubwani, P.L. for the State.

Heard on admission.

The appeal is admitted for hearing.

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

sentence and grant of bail to the appellant.

By the impugned judgment dated 18.11.2021 passed by the

Special Judge (NDPS Act), Durg, C.G. in Special Criminal Case

No.27/2018, the appellant stands convicted and sentenced as under:

Conviction Sentence

Under Section 20(B)(ii)(b) of the Rigorous Imprisonment for NDPS Act one year and fine of Rs.2,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months Considering the facts and circumstances of the case, in

particular the fact that the maximum sentence awarded to the

appellant is of one year, the fact that the appellant was on bail during

trial and even after passing of the impugned judgment for a limited

period and did not misuse the liberty granted to him and disposal of

this appeal is likely to take some time, without expressing any opinion

on the merits of the case, I am of the opinion that present is a fit case

to suspend the jail sentence imposed upon the appellant and to

release him on bail.

Accordingly, the application (I.A. No.01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence

imposed upon the appellant shall remain suspended during the

pendency of this appeal and he shall be released on bail on his

furnishing a personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the trial Court. He

shall appear before the Registry of this Court on 12.04.2022 and

thereafter appear before the trial Court on a date to be given by the

Registry and thereafter continue to appear before the trial Court on

all such dates as are given to him by the said Court till disposal of

this appeal.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge Akhilesh