Chattisgarh High Court
Santuram Koyam vs State Of Chhattisgarh on 23 June, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1813 of 2017
Santuram Koyam S/o Mandi Koyam, Aged about 25 years R/o Bade Kilepar, Ward No.3,
Matthipara, Police Station Kodenar, District Bastar (C.G.)
---- Appellant
Versus
State Of Chhattisgarh Through the Station House Officer, Police Station Doundilohara, District
Balod (C.G.)
----Respondent
AND
CRA No. 1872 of 2017
Nasir Ahmed Siddiqui S/o Abdul Rashid Siddiqui, Aged about 34 years R/o Village Baigan
Hardiya, P.S. Badhariya, District Sivaan Bihar (C.G.)
---- Appellant
Versus
State Of Chhattisgarh Through P.S. Daundilohar, District Balod, Chhattisgarh (C.G.)
----Respondent
23/06/2021 Ms. Smriti Shrivastava, counsel for the appellant in Cr.A No. 1813/2017.
Mr. T.K. Jha, counsel for the appellant in Cr.A No. 1872/2017.
Mr. Gagan Tiwari, Govt. Advocate for the State.
Heard on I.A. Nos. 01/2021 (in both the cases) repeat bail applications for
suspension of sentence and grant of bail to the appellants.
The Appellants have been convicted by the judgment dated 29/08/2017, passed in
Special Criminal case No. 06/2016 by the Special Judge (NDPS Act), Balod, District Balod
(C.G.) for offence punishable under section 8/20(b) of the Narcotic Psychotropic Substances
Act and have been awarded R.I. for 10- 10 years each with fine of Rs.1,00,000/- and in
default of payment of fine, to undergo additional R.I. for 3 months.
Learned Counsel for appellant Santuram Ram in Cr.A No. 1813/2017 submits that the
appellant is in jail since 01/06/2016, thereby he has completed more than half of the jail
sentence and hearing of the appeal may take some time, therefore appellant may be released
on bail.
Learned counsel for appellant Nasir Ahmed in Cr.A No. 1872/2017 submits that the
appellant is in jail since 07/06/2016, thereby he has completed more than half of the jail
sentence and hearing of the appeal may take some time, therefore appellant may be released
on bail.
Learned State Counsel opposes the bail applications, however, he does not dispute
the fact that appellants have suffered more than half of the jail sentence.
Considering the fact that the appellants of both the cases have suffered more than
half of the jail sentence and hearing of the appeal will take some time, therefore I am inclined
to release the appellants on bail.
Accordingly, I.A. Nos.01/2021 (in both the cases) repeat bail applications for
suspension of sentence and grant of bail are allowed.
Execution of further substantive jail sentence & fine imposed on the appellants (in
both the cases) shall remain suspended during the pendency of this appeal and they are
directed to be released on bail on each of them executing personal bond for a sum
Rs.25,000/- with one surety each for the like sum to the satisfaction of the trial court for their
appearance before the Registry of this Court on 24/08/2021. 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.
The fine sentence imposed upon the appellants are suspended. It is made clear that
this will not be treated as precedent in any other case.
Sd/-
(Goutam Bhaduri)
Judge
rahul
