Kuldeep vs State Of Chhattisgarh
2021 Latest Caselaw 3242 Chatt

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                                                                              NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                               CRA No. 1283 of 2021


1.   Kuldeep, S/o Shankar Patel, Aged About 26 Years, R/o Village Purana
     Dhaba, Police Station Lalbagand, District Rajnandgaon (C.G.).
                                                                       ----Appellant
                                                                            (On Bail)
                                       Versus
2.   State Of Chhattisgarh, Through            Police Station   Lalbagand,    District
     Rajnandgaon (C.G.).
                                                                  ---- Respondent

18/11/2021 Mr. Sashi Bhushan Tiwari, Counsel for the appellant.

Mr. Shakti Singh Thakur, P.L. for the State/respondent.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 12/10/2021 passed by Special Judge (NDPS Act), Rajnandgaon (CG.) in Special Case No. 04/2017, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 20(B)(ii)(B) of R.I. for 2 years and fine of Rs. the Narcotics Drugs and 20,000/-, in default of payment of fine Psychotropic Substance Act, additional R.I. for 6 months. 1985.

Counsel for the appellant submits that the impugned judgment is per se illegal and bad in law. There are major contradictions and

omissions in the statements of the witnesses. The mandatory provisions of the NDPS Act have not been complied with by the Police while effecting search and seizure proceedings. The appellant was on bail during trial and did not misuse the liberty so granted. Even after pronouncement of the impugned judgment he has been granted bail for a limited period. The disposal of the appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, the fact that maximum jail sentence awarded to the appellant is 2 years, he was on bail during trial and did not misuse the liberty granted to him, the disposal of the appeal is likely to take some time, without expressing anything on 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. 01/2021) 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. 2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the trial Court for his appearance before the Registry of this Court 16th February, 2022. He shall thereafter appear before the Trial Court on a date to be given by the Registry of this Court and then continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant