Deepak Mirjha vs State Of Chhattisgarh
2022 Latest Caselaw 4646 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 520 of 2022


    Deepak Mirjha S/o Naresh Mirjha Aged About 20 Years Resident Of Village
     Kodapar, Chowki Birejhar, Police Station Kurud, District Dhamtari,
     Chhattisgarh.                                     ---- Appellant
                                      Versus
    State of Chhattisgarh, Through- The Station House Officer, Police Station
     Kurud, District Dhamtari, Chhattisgarh.           ---- Respondent

21.07.2022 Mr. Kamlesh Kumar Pandey, counsel for the appellant.

Ms. Ruchi Nagar, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, 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 28.12.2021 passed in Special Criminal Case (NDPS Act) No.60/2018 by the Special Judge, District- Dhamtari (C.G.) as under:-

Conviction Sentence U/s. 20 (b)(ii)(B) of NDPS Act R.I. for 3 years with fine of Rs.

50,000, default in payment of fine amount additional R.I. for 3 months.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, looking to the detention period of the appellant 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 short sentence has been imposed upon the appellant i.e. 3 years, detention period of the appellant, who is 20 years old, 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 of to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 28.09.2022 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 him by the said Court till disposal of this appeal.

List the case for final hearing.

Sd/-

(Sachin Singh Rajput) Judge

Nadim