Jatin Akash Singh vs State Of Chhattisgarh
2022 Latest Caselaw 222 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                            Criminal Appeal No.910 of 2021

   • Jatin Akash Singh, S/o Late Shri Anuj Ambar Singh, aged 39 years, Residence

     of L-6, Rajeev Nagar, Thana - Khamhardih, Civil & Revenue District - Raipur

     (C.G.).


                                                                          ---- Appellant

                                        Versus

   • State of Chhattisgarh, Through The District Magistrate, Raipur, District - Raipur,

     Chhattisgarh.


                                                                      ---- Respondent

12/01/2022 Mr. Sunil Sahu, Counsel for the appellant.

Mr. Kapil Maini, P.L. for the State/Respondent.

Heard I.A. No. 01/2021, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 11/08/2021 passed

by the Special Judge (N.D.P.S. Act), Raipur, District- Raipur,

(C.G.), in Special Criminal Case No.26/2020, appellant

stands convicted and sentenced for the offence as

mentioned below :-

Conviction Sentence

U/s 21 ( C) of the N.D.P.S. R.I. for 12 years and fine of Act, 1985 Rs.1,00,000/- with default stipulations.

U/s 21 (A) of the N.D.P.S. R.I. for 6 months and fine of Act, 1985 Rs.5,000/- with default stipulations.

U/s 34(2) of the Chhattisgarh R.I. for 1 year and fine of Excise Act. Rs.25,000/- with default stipulation.

All sentences to run concurrently.

It is submitted by learned counsel for the appellant that

conviction of the appellant is totally erroneous and against

the provisions of law. The conviction is based only on the

statement of the Investigation Officer namely Vijay Lal Sahu

(PW-11), who is also the lodger of F.I.R. The statement of

this witness was totally unreliable in view of the ratio laid

down by Hon'ble Supreme Court in the case of Mohan Lal

Vs. State of Punjab, (2018) 17 SCC 627, which was

delivered on 16.08.2018, whereas the date of incident in this

case is 11.04.2020, therefore, the judgment in Mohan Lal Vs.

State of Punjab (supra) is squarely applicable in the present

case. Independent witnesses of search and seizure namely

Banti @ Krishna Kumar Yadav (PW-1) and Satish Kumar

Yadav (PW-2) have not supported the prosecution case in

any respect. Hence, appellant has very good case to argue in

this appeal. Therefore, it is prayed that the appellant may be

enlarged on bail during pendency of this appeal.

On the other hand, learned State counsel opposes the

arguments advanced by the counsel for the appellant and

submits that conviction is also based upon the evidence of

Investigation Officer namely Vijay Lal Sahu (PW-11) but he is

reliable witness, hence no error has been committed by the

learned trial Court in convicting the appellant. Hence, the

instant application be rejected.

We have heard learned Counsel for the parties and

perused the record.

Considered on the submissions and also perused the

evidence present in the record of the trial Court. Taking into

consideration the ratio laid down by Hon'ble Supreme Court

in the case of Mohan Lal Vs. State of Punjab (supra), we are

of the view that, it is a fit case to enlarge the appellant on bail

during the pendency of this appeal

Accordingly, I.A. No. 01/2021 is allowed.

It is directed that the substantive jail sentence imposed

upon the appellant shall remain suspended during the

pendency of this appeal and he shall be released on bail on

his furnishing a personal bond for a sum of Rs. 25,000/- with

one solvent surety in the like sum to the satisfaction of the

concerned Trial Court for his appearance before the Registry

of this Court on 30.03.2022. He shall thereafter appear

before the Trial Court on a date given by the Registry of this Court and shall continue to appear there 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 due course.

                      Sd/-                              Sd/-

              (R.C.S. Samant)                 (Arvind Singh Chandel)
                   Judge                              Judge




Prakash