Jaiprakash @ Chhota Rathore vs State Of Chhattisgarh
2022 Latest Caselaw 37 Chatt

                                                                                 NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRA No. 15 of 2020

   Jaiprakash @ Chhota Rathore, S/o Late Rupchand, aged about 28 Years, R/o
    Village Mudhali, Outpost Hardibazar, District Korba, Chhattisgarh.

                                                                           ----Appellant

                                          Versus

   State of Chhattisgarh, Through Station House Officer, Out Post Hardibazar, Police
    Station Kusmunda, District Korba, Chhattisgarh.

                                                                        ---- Respondent

CRA No. 61 of 2020

 Sandeep Yadav, S/o Rajendra Yadav, aged about 25 Years, R/o Village Chhindpur, Chouki - Hardibazar, District Korba, Chhattisgarh.

----Appellant

Versus

 State of Chhattisgarh, Through the Station House Officer, Police Chouki Hardibazar, Police Station Kusmunda, District Korba, Chhattisgarh.

---- Respondent

04/01/2022 Mr. Ashok Kumar Varma, Mr. Gajendra Kumar Sahu and Mr. Akhtar Hussain, Advocates for the respective appellants.

Dr. (Ms.) Veena Nair, Deputy A.G. for the State.

CRA No.15 of 2020

Heard on admission.

The Criminal Appeal is admitted for hearing.

Also heard on I.A. Nos. 01/2020, applications for suspension of

sentence and grant of bail to the appellants. By the impugned judgment dated 17.12.2019 passed by the First

Additional Sessions Judge / Special Judge (under NDPS Act) Korba,

District Korba, C.G. in Special Criminal (NDPS Act) Case No.25/2018,

the appellants stand convicted and sentenced as under:

Conviction Sentence

Under Section 22(C) of the Rigorous Imprisonment for ten NDPS Act years and fine of Rs.1,00,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one year

Considering the facts and circumstances of the case, the

detention period of the appellants, the evidence of PW-6 Vijay Chelak,

the contents seized from the appellant-Sandeep Yadav which were not

sent to FSL for examination, further considering the finding given by the

trial Court in paras 75 to 79, the quantity of narcotic drugs seized from

the respective appellants, the other evidence available on record and

that disposal of these appeals is likely to take some time, without

expressing any opinion on the merits of the case, I am of the opinion

that present is a fit case to suspend the jail sentence imposed upon the

appellants and to release them on bail.

Accordingly, the applications (I.A. No.01 of 2020) are allowed.

It is directed that the execution of substantive jail sentence

imposed upon the appellants shall remain suspended during the

pendency of these appeals and they shall be released on bail on each of

them furnishing a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial Court. They

shall appear before the Registry of this Court on 12.04.2022 and

thereafter appear before the trial Court on a date to be given by the

Registry and thereafter continue to appear before the trial Court on all

such dates as are given to them by the said Court till disposal of these

appeals.

List these cases for final hearing in its due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh