Chattisgarh High Court
Anup Agrawal vs State Of Chhattisgarh on 7 July, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 166 of 2020
• Anup Agrawal S/o Suresh Kumar Agrawal Aged About 34 Years R/o Village Nadigaon
Road, Sariya, P.S. Sariya, District - Raigarh, Chhattisgarh
---- Appellant
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station Sariya, District
Raigarh, Chhattisgarh
---- Respondent
07.07.2021 Shri Sudhir Kumar Verma, Advocate for the Appellant.
Shri Akhtar Hussaim, Panel Lawyer for the respondent/State.
This matter is heard through video conferencing.
Heard on I.A. 01 of 2020, application for suspension of sentence and
grant of bail.
Vide impugned judgment of conviction and order of sentence dated
22.01.2020 passed by the Special Judge for N.D.P.S. Act at Raigarh (C.G.) in
Special Criminal Case under the N.D.P.S. Act No. 8/2018 the Appellant
stands convicted and sentenced as mentioned below:
Conviction Sentence In default
Under Section 21(C) R.I. for 10 years and In default of payment of fine
of N.D.P.S. Act, 1985 fine of Rs.1,00,000/- amount additional R.I. for 2
years
Shri Verma, 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 and clinching evidence available on record. Learned
counsel also submits that both the seizure witnesses have not supported the
case of prosecution and there is no conclusive evidence available on record
on the basis of which it can be said that the house from where the alleged
contraband material was seized is of the exclusive possession of the
appellant. It is further submitted that the Appellant is on bail during the trial
and he is in jail from the date of judgment i.e. 22.01.2020 and appeal will take
sometime to be finalized. Therefore, it is prayed that the appellant may be
granted benefit of bail.
On the other hand, Shri Akhtar Hussain, learned counsel for the State
opposes the argument advanced by the counsel for the appellant and
supported the judgment of conviction and order of sentence passed by the
Trial Court.
Heard both the parties.
I have gone through the entire record and perused the statements of the
witnesses. After considering the fact that the Appellant is in jail since
21.06.2018, for these reasons, 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/- to the
satisfaction of the Trial Court for his appearance before the Registry of this
Court on 25.11.2021. 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 him by the said Court, till
the disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Chandra
