Shubham Chouhan vs State Of Chhattisgarh
2022 Latest Caselaw 108 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                             CRA No. 657 of 2017
1. Shubham Chouhan S/o Devendra Singh Chouhan, Aged About 21 Years
2. Pramod Kashyap S/o Radheshyam Kashyap, Aged About 31 Years
  Both are R/o Village Sadarpurtila, Police Station Kannauj, Tahsil And District
  Kannauj, Uttar Pradesh.
                                                                       ---- Applicants
                                     Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Arjuni, District
  Dhamtari, Chhattisgarh
                                                                    ---- Respondents

07/01/2021 Shri Mirza Hafeez Baig with Shri Vikash Pradhan, Counsel for

the Appellants.

Shri Ajay Kumrani, P.L. for the State.

Heard on I.A. No. 2/21, application for suspension of sentence,

as well as fine amount and grant of bail.

Appellants have been convicted by the judgment dated

03.03.2017 passed by the learned Court below in Special Criminal

case No. 53/2016 in the following manner with a direction to run the

sentences concurrently.

                        Conviction                              Sentence

                 U/s. 20 (£) (ii)    (lh)   of : R.I. for 10-10 years and fine of
                 NDPS Act 1985                   Rupees      1,00,000/--1,00,000/- in
                                                 default of fine amount 3 years
                                                 additional R.I to each appellants

Learned counsel for the appellants submits that the appellants

are in jail since 20.09.2016, and they have suffered more than half of

the jail sentence and the appeal will take some time for hearing,

therefore, they may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail, however, he do not dispute

the fact that the appellants have already suffered more than half of

the jail sentence.

Considering the fact that the appellants have suffered more

than half of the jail sentence as they are in jail since 20.09.2016 and

the appeal will take some time for hearing, I am inclined to suspend

the sentence and release the appellant on bail. Accordingly,

I.A.No.2/2021 is allowed.

Execution of further substantive jail sentence imposed on

appellant shall remain suspended and they are directed to be released

on bail on depositing Rs. 50,000/- each and executing a personal

bond for a sum Rs.50,000/- with one surety each for the like sum to the

satisfaction of the Trial Court for their appearance before the Registry

of this Court on 10 th February, 2022. They shall thereafter appear

before the Trial Court on a date to be given by the Registry of this

Court and shall continue to appear there on all such subsequent dates

as are given to them by the said Court, till the disposal of this appeal.

Sd/-

(Goutam Bhaduri) Judge Jyoti