Citation : 2022 Latest Caselaw 2466 Chatt
Judgement Date : 13 April, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1026 of 2018
Ramesh Singh Rajpoot Versus State of Chhattisgarh
13/04/2022 Mr. Ajay Mishra, counsel for the appellant.
Mr. Sunil Otwani, Additional A.G. for the State/respondent.
Heard on 01/2021, application for suspension of fine amount.
By the impugned judgment dated 12.02.2018 in NDPS Special Case No. 14/2015 passed by learned Special Judge (NDPS), Durg- (C.G.), the appellant has been convicted for the offence punishable under Section 20(b)(ii)(C) read with Section 8 of the NDPS Act and sentenced to rigorous imprisonment for 10 years with fine amount of Rs.1,00,000/-.
Vide order dated 14.10.2020 passed by this Court with respect to application for suspension of sentence and grant of bail to the appellant has been allowed and his jail sentence was suspended.
Now, learned counsel for the appellant submits that the appellant is very poor person and he is not able to engage a counsel himself, therefore, he has been provided a counsel though High Court Legal Aid Committee.
Since the appellant is very poor person who also not able to engage his counsel. Thus, it is prayed by the counsel that fine amount imposed upon the appellant by the trial Court is also suspended during the pendency of the appeal.
Learned counsel appearing for the State/respondent opposes
the application for suspension of fine amount.
Heard.
Considering the facts and circumstance of the case, particularly considering the fact that due to poor financial condition the appellant has been provided a counsel through High Court Legal Aid Committee, the application is allowed, fine amount awarded by the trial Court is also suspended.
Also heard on I.A. No. 01/2022, application for condonation of delay in appearance of the appellant on 14.04.2021 before the Registry of this Court.
For the reasons mentioned in the application, the same is allowed.
Now, the appellant is directed to appear before the Registry of this Court on 11th July, 2022 and, thereafter he shall continue to appear on all such subsequent dates as given to him by the Registry of this Court, till the disposal of this appeal.
List this matter for final hearing in its due course.
Sd/-
(Arvind Singh Chandel) Judge
Vasant
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