Govardhan vs State Of Chhattisgarh
2022 Latest Caselaw 4342 Chatt

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                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                              CRA No. 229 of 2020
 Govardhan S/o Sonsay Aged About 69 Years Resident Of Village Pidhi Thana Tumgaon,
  District Mahasamund Chhattisgarh.
                                                                        ---- Appellant
                                    Versus
 State Of Chhattisgarh Through Station House Officer, Police Station Patewa, District
  Mahasamund Chhattisgarh.
                                                                          --- Respondent

08.07.2022 Mr. Pawan Shrivastava, Counsel for the appellant.

Mr. Kunal Das, P. L. for the State/respondent.

Heard on I.A.No.1, application for suspension of sentence and grant of bail to the appellant Goverdhan.

By the impugned judgment and order of sentence dated 06.12.2019 passed by the learned Special Judge (NDPS), Mahasamund, District Mahasamund, (C.G.) in Special Criminal Case No. H-42/2014, the appellant Goverdhan has been convicted for the offence punishable under Section 20(b)(ii)(b) of the Indian Penal Code and sentenced to undergo R.I. for 03 years and pay fine of Rs.10,000/-, in default to further undergo 03 months imprisonment.

The appellant Goverdhan was earlier granted bail by this Court vide order dated 07.02.2020. Thereafter, he was given a date for apperance before the Registry of this Court. However, as he did not appear before the Registry of this Court on the dates so given, his bail bonds was cancelled vide order dated 19.04.2022 and warrant of arrest issued against the appellant. In compliance of order dated 19.04.2022, the appellant was arrested and at present he is serving the sentence in jail.

Learned counsel for the appellant submits that he has moved an application for suspension of sentence and grant of bail during pendency of the appeal.

I have perused that application and for the reasons stated in the application, the same is allowed.

Accordingly, I.A.No.1 is allowed.

The substantive jail sentence awarded to the appellant Goverdhan is suspended during the pendency of this appeal and he is directed to release 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 26th September, 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 him by the said Court, till the disposal of this appeal.

Certified copy as per rules.

List this case for final hearing along with CRA No.1954 of 2019.

Sd/-

(Sachin Singh Rajput)

Judge

parul