Suresh Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 7464 Chatt

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                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                      CRA No. 952 of 2022
     Suresh Kumar Sahu, Son of Jawaharlal Sahu, aged about 32 years, Resident of Village
      Khemda Police Station- Dabhra, Distric t- Janjgir Champa (C.G.).
                                                                                 ---- Appellant
                                           Versus
     State of Chhattisgarh, Through: Police Station- Baramkela, District-Raipur (C.G.)
                                                                               ---Respondent

12.12.2022 Ms. Ranjna Jaiswal, counsel for the appellant.

Mr. B. L. Sahu, P. L. for the State/respondent.

Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 19.01.2022, passed by the learned Special Judge Bilaspur (C.G.) (under NDPS Act, 1985) in Special Criminal Case (NDPS Act)No. 14/2019, the appellant stands convicted, as under:-

Conviction Sentence U/s 20(b)(ii)(B) of the : R.I. for 2 years and fine of Rs. 5,000/- in NDPS Act, 1985. default of payment of fine R.I. for 4 months.

Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the case. He would also submit that the appellant has suffered jail sentenced about 1 year 2 months and 23 days and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellant may be released on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of offence, therefore, the appellants are not entitled for grant of bail.

Considering the fact that the appellant has suffered jail sentence about 1

year 2 months and 23 days out of total jail sentence i.e. 2 years awarded to him, the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

Accordingly, the application for suspension of sentence and grant of bail is allowed and it is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during pendency of this appeal and he shall be released on bail on furnishing a personal bond in sum of Rs. 25,000/- along with two local sureties of the like sum to the satisfaction of the concerned trial Court for his appearance before Registry of this Court on 19th of January, 2023. He shall thereafter continue to appear before the Registry of this Court on all such subsequent dates as are given to him by the Registry of this Court till the disposal of this appeal.

It is made clear that the date to be given for appearance to the appellant should not have interval of more than 90 days.

List this appeal for final hearing in its chronological order.

Sd/-

(Narendra Kumar Vyas) Judge

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