Goverdhan Yadav vs The State Of Chhattisgarh
2021 Latest Caselaw 328 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                           CRA No. 475 of 2019

 Goverdhan Yadav S/o Khemanidi, aged about 28 years, Caste: Mahkul, R/o
 Village- Barkhoriya, Gahnajhariya, Police Station: Lailunga, District: Raigarh
 Chhattisgarh.

                                                                 ---- Appellant

                                    Versus

 The State of Chhattisgarh Through Arakshi Kendra- Basantpur, District
 Balrampur- Ramanujganj Chhattisgarh.

                                                              ---- Respondent

15.06.2021 Dr. Shailesh Ahuja, Counsel for the Appellant.

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

Heard I.A. No. 01/2021, an application for suspension of

sentence and grant of bail to the Appellant.

This is the second bail application of the Appellant. 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bail application was dismissed as withdrawn with liberty to revive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 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. 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

Appellant is in jail since 08.03.2017. 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.

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 08.03.2017, 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.2,00,000/- with two local solvent sureties

each of Rs.1,00,000/- to the satisfaction of the Trial Court for his

appearance before the Registry of this Court on 09.11.2021. 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 along with

CRA No.568/2019.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh