Suvarna Das vs State Of Chhattisgarh
2021 Latest Caselaw 2226 Chatt

                                HIGH COURT OF CHHATTISGARH, BILASPUR

                                                   Order Sheet

                                              CRA No. 1267 of 2017

          Suvarna Das W/o Late Nimayi Das Bangali, Aged About 48 Years R/o Hundred Nine Colony,
             Malkangiri, P. S. Malkangiri, District Malkangiri (Odisha)

                                                                                           ---- Appellant

                                                        Versus

          State Of Chhattisgarh Through The P S City Kotwali, District Dhamtari Chhattisgarh

                                                                                       ---- Respondent

08/09/2021 Shri J.K. Gupta, Counsel for the appellant.

Shri Ravi Bhagat, Dy. GA for the State.

Heard on I.A. No.1/2019, which is an application for suspension of sentence and

grant of bail (second bail application).

The appellant stands convicted by the judgment dated 02 nd August, 2017 passed by

the Court of Special Judge (NDPS Act), Dhamtari in Special S.T. No.93/2017 for the

offence punishable under Section 20 (B) (ii) (B) of Narcotic Drugs and Psychotropic

Substances Act and sentenced to undergo R.I. for 9 years and to pay a fine of Rs.70,000/-,

in default of payment of fine, to further undergo R.I. for 2 years.

Learned Counsel for the appellant submits that the appellant is in jail since

13.01.2017 and the maximum sentence awarded to the appellant is R.I. for 9 years,

thereby she has completed more than half of the jail sentence and hearing of the appeal

may take some time as the appeal is of the year 2017, therefore the substantive jail sentence imposed upon the appellant may be suspended and she may be released on

bail.

Learned State Counsel do not dispute the fact that appellant has suffered more

than half of the jail sentence.

Considering the fact that the appellant is in jail since 13.01.2017 and the maximum

sentence awarded to the appellant is R.I. for 9 years, thereby she has completed more

than half of the jail sentence and hearing of the appeal will take some time, therefore I am

inclined to release the appellant on bail.

Accordingly, I.A.No.1/2019 application for suspension of sentence and grant of bail

is allowed.

Execution of further substantive jail sentence imposed on the appellant shall remain

suspended during the pendency of this appeal and she is directed to be released on bail

on her depositing fine of Rs.10,000/- and executing personal bond for a sum Rs.25,000/-

with one surety for the like sum to the satisfaction of the trial court for her appearance

before the Registry of this Court on 12/11/2021. She 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 her by the said Court, till the disposal of

this appeal.

Sd/-

Goutam Bhaduri Judge ashu