Rajesh Arora @ Golu vs State Of Chhattisgarh
2022 Latest Caselaw 4321 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRA No. 1084 of 2022
   Rajesh Arora @ Golu S/o Bhushan Arora Aged About 42 Years R/o
    Professor Colony, Sector - 3 , Police Station Purani Basti Raipur, District
    Raipur, Chhattisgarh.                                    ---- Appellant
                                       Versus
   State of Chhattisgarh, Through Station House Officer Police Station
    Chhawani, Durg, District Durg , Chhattisgarh.      ---- Respondent

08.07.2022 Ms. Priya Sharma, counsel for the appellant.

Mr. R.M. Solapurkar, G.A. for the State/respondent.

Heard on admission.

The appeal is admitted for hearing.

Call for record of the Court below.

Heard on I.A. No. 1/2022, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 24.06.2022 passed in Special Criminal Case No.30/2018 by the Special Judge (NDPS Act) & 4 th Additional District & sessions Judge, Durg, District- Durg (C.G.) as under:-

Conviction Sentence Under Section 20(b)(ii)(b) of NDPS 6 months R.I. & fine of Rs. 1,000/-

Act. and default in payment of fine amount, additional R.I. for 1 month.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredients of the offence for convicting the appellant are missing, the appellant was on bail during trial and he did not misuse the liberty granted to him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant i.e. 6 months, he was on bail during trial and he did not misuse the liberty granted to him, fine amount has already been deposited by him, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2022) is allowed.

It is directed that the execution of 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 in the sum of Rs.25,000/- with one surety to the satisfaction of the trial Court.

He shall appear before the Registry of this Court on 25.08.2022 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 him by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

(Sachin Singh Rajput) Judge

Nadim