Gupto Nag vs State Of Chhattisgarh
2022 Latest Caselaw 5260 Chatt

                                                                          NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 78 of 2022

 • Gupto Nag, S/o Kusno Nag, Aged About 26 Years, R/o Village- Kolagudha,
   P.S.- Jaipur Sadar, District- Koraput, Odisha

                                                                 ---- Appellant

                                    Versus

 • State of Chhattisgarh Through- P.S. Nagarnaar, District- Bastar (C.G.)

                                                              ---- Respondent

18/08/2022 Shri Shobhit Koshta, Counsel for the Appellant.

Shri Raghvendra Verma, G.A. for the State/respondent.

Heard on application for grant of ad-interim bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 14.12.2021 passed by Special Judge, NDPS, Jagdalpur, District- Bastar in Special Criminal Case (NDPS Act, 1958) No. 24/2020, Crime No. 274/2019, the appellant stands convicted as under:-

U/s. 20(B) (ii-c) R.I. for 10 years and fine of Rs.

1,00,000/- and in default of payment of fine, further R.I. for 1 year

Learned counsel for the appellant submits that the father of the appellant has died on 10.08.2022 and appellant is the only son to perform rites and rituals and in support of which, he has filed copy of the death ceremonies programme of appellant's father. Therefore, he may be granted ad-interim bail.

On the other hand, learned counsel for the State opposes the ad-interim bail application of the appellant. I have heard learned counsel for the parties and perused the documents annexed therein.

Considering the facts and circumstances of the case, and further considering the documents relating to death ceremonies programme of appellant's father, I am inclined to grant benefit of ad-interim bail to the appellant.

Accordingly, application for grant of interim bail is allowed.

It is directed that the appellant shall be released on ad- interim bail on his furnishing a personal bond in sum of Rs. 50,000/- with one local surety in like sum to the satisfaction of the concerned trial Court. The appellant shall positively surrender himself before the concerned trial Court on 26.08.2022 by 11.00 AM.

List the matter thereafter. In the meanwhile, reply be filed by the learned State Counsel.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

Ruchi