Sukhdev Tangul vs State Of Chhattisgarh
2021 Latest Caselaw 327 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                            CRA No. 568 of 2019

1. Sukhdev Tangul S/o Daitari Aged About 27 Years R/o Village Khadikagudi,
   Post Nakmagudi, Police Station Chitrakonda,District : Malkangiri, Orissa.

2. Pratap Dalpati S/o Minadalpati, Aged About 19 Years R/o Village Maisarpur,
   Post Samnatpur, Police Station Balimela, District : Malkangiri, Orissa.

                                                                ---- Appellants

                                     Versus

  State of Chhattisgarh through Station House Officer, Police Station
  Basantpur, District : Balrampur, Chhattisgarh

                                                               ---- Respondent

15.06.2021 Mr. Sudhir Kumar Bajpai, Counsel for the Appellants.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard I.A. No. 01/2020, an application for suspension of

sentence and grant of bail to the Appellants.

This is the second bail application of the Appellants. First

bail application was dismissed as withdrawn with liberty to revive

the same after six months vide order dated 01.06.2020 passed in

the instant appeal.

By the impugned judgment date 19.02.2019 passed in

Special Criminal (NDPS Act) No.06/2018 by the Special Judge

(NDPS Act), Balrampur, District: Balrampur (C.G.) the Appellant stands convicted as mentioned below:

    Conviction             Sentence              In Default

U/s 20 (B) (ii) C of RI for 10 years and In      default  of
NDPS Act, 1985       fine   amount     of payment of fine
                     Rs.1,00,000/-.       amount additional
                                          RI for 01 year.

Learned counsel for the Appellants submits that the

Appellants have been wrongly convicted by the Trial Court in the

judgment without there being any sufficient evidence available on

record. He submits that the witnesses have not supported the

case of the prosecution and mandatory provisions of the NDPS

Act have not been duly complied with. He lastly submits that the

Appellants are in jail since 08.03.2017. Hence, it is prayed that

their 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.

I have gone through the entire record and perused the

statements of the witnesses. After considering the fact that the

Appellants are in jail since 08.03.2017, for these reasons, I am of

this opinion that it will be proper to release the Appellants on bail

during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the Appellants shall remain suspended during the pendency of this

appeal and they shall be released on bail on each of them

executing a personal bond for a sum of Rs.2,00,000/- with two

local solvent sureties each of Rs.1,00,000/- to the satisfaction of

the Trial Court for their appearance before the Registry of this

Court on 09.11.2021. 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 this

appeal.

List this case for final hearing in due course along with

CRA No.475/2019.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh