Chattisgarh High Court
Dinesh Kumar Sharma vs State Of Chhattisgarh on 22 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CR.A. No. 657 of 2019
Dinesh Kumar Sharma, S/o. Dharampal Sharma, aged about 30 years, R/o.
Pasinakala, Tahsil Bapoli, Police Station Panipat Sadar, District Panipat Hariyana.
--- Appellant.
Versus
State of Chhattisgarh, Through : Police of Police Station : Borai, District Dhamtari
Chhattisgarh.
---Respondent
22/09/2021
Ms. Sharmila Singhai, Sr. Advocate with Mr. Kanwaljeet Singh
Saini, counsel for the appellant.
Mr. Alok Nigam, G.A. for the State.
Heard on I.A. No.1/2021, third application for suspension of
sentence and grant of bail. First application for suspension of
sentence and grant of bail of the appellant was dismissed on merits
vide order dated 08.05.2019 and the second bail application was also
dismissed vide order dated 29.06.2020.
Appellant has been convicted by the judgment of conviction and
order of sentence dated 26.03.2019, passed in Special Criminal
(N.D.P.S.) Case No.220/2017, by the learned Special Judge
(N.D.P.S.), Dhamtari, District- Dhamtari (C.G.) in the following manner
:-
U/s. 20 (B) (ii) (c) of the : R.I. for 10 years and fine of
Narcotics Drugs and Rs.2,00,000/- and in default of
Psychotropic payment of fine, further undergo 1
Substances Act, 1985 year of R.I.
Learned Senior Counsel appearing for the appellant would
submit that this bail application has been filed on the ground of mercy.
The appellant has already undergone jail sentence of about four
years. The circumstances in the family of the appellant has
aggravated and deteriorated because one of the brother of the
appellant has committed suicide. It is also submitted that there is
likelihood of delay in final hearing. Reliance has been placed on the
judgment of Punjab and Haryana High Court in case of Daler Singh
Vs. State of Punjab, reported in 2006 SCC OnLine P&H 1591, in
which under similar circumstances, the suspension was granted to the
accused convicted under the offence of N.D.P.S. Act. Hence, it is
prayed that the sentence of imprisonment against the appellant be
suspended and he may be enlarged on bail.
Per contra, the learned State counsel opposes the prayer for
suspension of sentence and grant of bail. It is submitted that earlier
two bail applications have been dismissed on merits. Further the
appellant is resident of Haryana, therefore, in case, he is released on
bail, he may not be available in near future. Therefore, the application
be rejected.
Considered on the submissions. Present application has been
filed only on the ground of delay as this appeal is pending since about
more than two years and there is no likelihood of this appeal being
heard in near future, the appellant has undergone more than four
years in jail, hence for these reasons, this Court is of the opinion that it
is a fit case to suspend the sentence and release the appellant on
bail.
Accordingly, I.A. No.1/2021, application for suspension of
sentence and grant of bail, is allowed.
Execution of substantive jail sentence imposed on appellant
shall remain suspended and he is directed to be released on bail on
his executing a personal bond for a sum Rs.50,000/- with two local
sureties for the like sum to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 15th December, 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.
Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
balram
