Smt. Anju Verma vs State Of Chhattisgarh
2022 Latest Caselaw 4536 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                   CRA No. 362 of 2021

  1. Smt. Anju Verma W/o Chain Verma Aged About 35 Years R/o Awaspara ,
     Ganiyari, Than Kota, District Bilaspur, Chhattigarh.
  2. Chain Verma S/o Kishun Lal Verma Aged About 42 Years R/o Awaspara,
     Ganiyari, Than Kota, District Bilaspur, Chhattisgarh. ---- Appellants
                                         Versus
    State of Chhattisgarh, Through Station House Officer, Police Station Kota,
     District- Bilaspur, Chhattisgarh.                        ---- Respondent

18.07.2022 Mr. N.K. Chhatterjee, counsel for the appellants.

Ms. Ruchi Nagar, Dy. G.A. for the State.

At the outset, learned counsel for the appellant seeks to withdraw the bail application (I.A. No.1/2021) insofar as it relates to appellant No.2 Chain Verma.

Accordingly, the bail application insofar as it relates to appellant No.2 Chain Verma is dismissed as withdrawn.

Heard on I.A. No.01/2021, 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 27.02.2021 passed in Special NDPS Case No. 14/2017 by the Special Judge (NDPS Act), Bilaspur (C.G.) as under:-

                                  Conviction                       Sentences
                   U/s. 20(b) (c-ii) of NDPS Act         RI for 10 years with fine of Rs.
                                                         1,00,000/- and default in
                                                         payment of fine amount
                                                         further 6 months RI.

Learned counsel for the appellant-Smt. Anju Verma submits that there is no reliable evidence against the appellant to involve her in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant has completed more than 5 years of the sentence and disposal of this appeal is likely to take some time, therefore, the appellant may be released on bail.

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

Considering the facts & circumstances of the case, the detention period of the appellant more than 5 years, who is 35 years old lady, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application 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 she shall be released on bail on her furnishing a personal bond in the sum of Rs.10,000/- with one surety to the satisfaction of the trial Court.

She shall appear before the Registry of this Court on 27.09.2022 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 her by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

(Sachin Singh Rajput) Judge

Nadim