Lokesh Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2262 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                               CRA No. 844 of 2021

• Lokesh Sahu, S/o Late Ashok Sahu, Aged about 32 years, R/o Village- Pod,
  P.S- Panduka, District- Gariyaband (C.G.).

                                                                      ---- Appellant

                                      Versus

• State of Chhattisgarh, Through- Station House Officer, Police Station-
  Panduka, District- Gariyaband (C.G.).

                                                                    ---- Respondent

10.09.2021 Mr. Sukhdev Prasad Sahu, counsel for the Appellant.

Mr. Akash Pandey, P.L. for the State/respondent. Heard on admission.

Admit.

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

By the impugned judgment dated 07.08.2021 passed in Special Criminal Case No. 68/18 by the Special Judge (N.D.P.S. Act), Raipur (C.G.) the appellant stands convicted as mentioned below:

                    Conviction              Sentence            In Default

             u/S    20(b)(ii)(B)    of RI for 02 years and In    default       of
             the    N.D.P.S.       Act, fine amount of Rs. payment     of    fine
             1985                      10,000/-.           amount      additional
                                                           RI for 03 months.

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 further submits that the appellant is in jail since 07.08.2021 and during trial he was on bail and he has not misused the liberty granted to him and appeal is likely to take some more time to be finalized. Hence, it is prayed that his application may be allowed.

On the other hand, learned counsel for the State has opposed the bail application and supported the impugned judgment.

Heard both the parties.

On due counsideration, particularly consideirng the fact that the appellant was on bail during trial and presently he is in jail since 07.08.2021, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

On 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. 20,000/- with one solvent surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 09.12.2021. 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 its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant