Chudamani Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 5282 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                               CRA No. 803 of 2021

 • Chudamani Sahu S/o Shri Ramsaye Sahu Aged About 38 Years R/o Raipura,
   Police Station Baradwar, District : Janjgir-Champa, Chhattisgarh.

                                                                        ---- Appellant

                                      Versus

 • State of Chhattisgarh, Through Station House Officer, Baradwar, District :
   Janjgir-Champa, Chhattisgarh.

                                                                       ---- Respondent

22/08/2022 Ms. Indira Tripathi, counsel for the appellant.

Mr. Vimlesh Bajpai, G.A. for the State.

Heard on I.A. No.01/2021, which is an application for suspension of sentence and grant of bail.

By the impugned judgment dated 26.07.2021 passed by learned Special Judge (N.D.P.S.) Act, Janjgir, District - Janjgir-Champa (C.G.) in Special (NDPS) Case No. 05/2020, the appellant has been convicted for the offence punishable under Section 20(b)(ii)(c) of the NDPS Act and sentenced him to undergo R.I. for 10 years and fine of Rs. 1,00,000/- in default thereof to undergo additional S.I. for one year.

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case and the search and seizure witnesses have not supported the case of the prosecution and declared hostile. Even the mandatory procedure prescribed in the Act has not been followed during investigation. She also submits that the appellant is in jail since 24.01.2020 and disposal of this appeal is likely to take some time, therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case, the nature and quality of evidence available on record, the application is allowed and it is directed that the substantive jail sentence imposed upon the appellant shall remain suspended and he shall be released on bail on his executing a personal bond for a sum of Rs. 1,00,000/- with one local surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 27th September, 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this appeal.

List this case for final hearing in its due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge H.L. Sahu