Jaan Mohammad vs State Of Chhattisgarh
2022 Latest Caselaw 4190 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               CRA No. 876 of 2022

  Jaan Mohammad S/o Sher Mohammad Aged About 28 Years R/o - Purana Bazaar
   Para, Surajpur P.S. Surajpur C.G.), District : Surajpur, Chhattisgarh
                                                                          ----Appellant
                                      Versus
  State Of Chhattisgarh Through S.H.O. Police Station - Surajpur, District : Surajpur,
   Chhattisgarh                                                   --- Respondent

04.07.2022 Mr. Gyan Prakash Shukla, counsel for appellant.

Mr. Roshan Dubey, PL for the State/respondent.

Heard on IA No. 01 application for suspension of sentence and

grant of bail to the appellant.

By the impugned judgment and order of sentence dated

12.05.2022 passed by the learned Special Judge (NDPS Act), Surajpur,

District Surajpur, CG in Special Case No. 23/2018 appellant has been

convicted for the ofence punishable under Section 21(b) of NDPS Act

and sentenced to undergo Rigorous Imprisonment for period of 2 years

with fne of Rs. 5,000/-, plus default stipulation.

The prosecution story in brief is that on 19.08.2018 the police

received an information through the informer that, the appellant along

with co-accused Vinod Singh are having huge quantity of narcotics

substance and the appellant are trying to sell it to some random

customers near bus stand Surajpur, On receiving such information the

investigation authority conducted raid and during the search and

seizure procedure the appellant was carrying 35 pcs Avil Injection and

35 pcs Rexojesic Injection and 48 strip of spasmonil tablet. Moreover,

the co-accused namely Vinod Singh was carrying 34 avil, 34 rexojesic

and 45 strip of spasmonil tablet.

Learned counsel for the appellant submits that the appellant has

been convicted under Sections 21(b) of NDPS Act and RI for two years

and fne of Rs. 5,000/-. He submits that the applicant is innocent and has

been falsely implicated in this case. He further submits that the applicant

was in jail from 19.08.2018 to 16.10.2018. Therefore, the appellant is

entitled for suspension of sentence and grant of bail during the

pendency of the appeal.

Learned State Counsel submits that the prosecution was able to

prove to guilt beyond reasonable doubt and on appreciation the entire

material available on record, the learned trial Court has come to the

conclusion that the appellant has committed the aforesaid ofences

therefore, the appellant is not entitled for suspension of sentence and

grant of bail.

Considered the submission of learned counsel for the parties,

perused the record of the trial Court and deposition of the witnesses

and after overall consideration, looking to the length of the detention

of the appellant, short sentence awarded to appellant, I am inclined to

suspension of sentence and grant of bail during the pendency of the

appeal.

Accordingly, IA No. 01, application for suspension of sentence

and grant of bail is allowed.

Therefore, substantive jail sentence awarded to the appellant is

suspended during the pendency of this appeal and he is directed be

released on bail on his furnishing a personal bond in the sum of Rs.

25,000/- along with one surety in the like sum to the satisfaction of the

concerned trial Court for his appearance before the Registry of this

Court on 25th August, 2022. He 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

his by the said Court, till the disposal of this appeal.

Certifed copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge

Pawan