Ravinarayan Panda vs State Of Chhattisgarh
2022 Latest Caselaw 740 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                           CRA No. 516 of 2018

             1. Ravinarayan Panda S/o Dashrathi Panda Aged About 43 Years R/o- Village
                Naroda, Thana Patukura, District- Kendrapada (Orida)Orissa

                                                                                     ---- Appellant

                                                  Versus

             1. State Of Chhattisgarh Through- Police Station Simga, District- Baloda Bazar,
                Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

                                                                                  ---- Respondent

11/02/2022 Mr. Vikash Pradhan, Advocate for the appellant.

Mr. Sudeep Kumar Verma, Dy. Govt. Advocate for the State.

Heard on IA No.4/2021, application for suspension of sentence and grant of bail.

By the impugned judgment dated 13/12/2017 passed by the learned Special

Judge(NDPS Act) Baloda Bazar(Chhattisgarh) in Special Case No.- 03/2016, the Appellant

stands convicted as under:-

Conviction Sentence

U/s 20(B)(ii)(C) of the N.D.P.S. Act, : Rigorous imprisonment for 10 years & fine of 1985 amount Rs.1,50,000/- and in default of payment of fine further one year additional rigorous imprisonment.

First bail application filed on behalf of the appellant was dismissed as withdrawn vide order dated 24.10.2018. The second application was again dismissed as withdrawn vide order dated 5.11.2019. His third application was again dismissed as withdrawn vide order dated 17.5.2021.

It is submitted by the counsel for the appellant that the appellant has undergone jail sentence about more than 5 years.

Reliance has been placed on the judgment of Supreme Court in the case of Undertrial Prisoners Vs. Union of India and others, reported in (1994) 6 SCC 731, Chhunna @ Mehtab Vs. State of M.P., reported in (2002) 9 SCC 363 and in the case of Mossa Koya KP Vs. State (NCT of Delhi) in Cr.A. No.1562 of 2021. It is submitted that it has been observed by the Supreme Court that in case of inordinate delay in final hearing of the appeal, the appellant/accused becomes entitled for suspension of sentence and grant of bail to the appellant. It is submitted that in a similar case K. Gurubalan Vs. Intelligence Officer Narcotics Control Bureau, Chennai & another in SLP No.1901 of 2021, the appellant/accused was granted bail on this count, that he had undergone jail sentence over five years, hence, it is on this basis and on the ground of delay, the appellant has entitlement for grant of bail, therefore, it is prayed that he may be released on bail during the pendency of appeal.

On the other hand, Learned counsel for the State has opposed the bail application and submits, that previous three applications of this appellant have been dismissed as withdrawn and, further, the case is not good on merits as huge quantity of contraband was seized from this appellant, hence, the appellant is not entitled for grant of bail.

I have heard both the parties and perused the record of the trial Court.

Considered on the submissions. In the present case, the evidence of Investigating Officer has been supported by one of the independent witnesses. The rigors of Section 37 of NDPS Act, are applicable at the stage of appeal also. It is a case of conviction against the appellant, therefore, at the present stage, it cannot be presumed that the appellant is innocent and that this Court cannot find any assurance that the appellant shall not commit similar offence when he released on bail, therefore, I do not feel inclined to allow the bail application of this appellant.

Accordingly, the bail application is rejected.

List this case for final hearing in due course.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Nisha