Ghanshyam Bharti vs State Of Chhattisgarh
2022 Latest Caselaw 4647 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 967 of 2022


    Ghanshyam Bharti, S/o Late Badal Bharti, Aged About 32 Years, R/o Shanti
     Nagar, Kurud, Police Station Kurud, District Dhamtari, Chhattisgarh.
                                                                       ---- Appellant
                                       Versus
    State of Chhattisgarh, Through The Police Station Kurud, District - Dhamtari,
     Chhattisgarh.                                              ---- Respondent

21.07.2022 Mr. Shobhit Koshta, counsel for the appellant.

Mr. G.P. Kurre, P.L. for the State/respondent.

Heard on I.A. No. 02/2022, 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 31.03.2022 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 18
                                                   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, the appellant was on bail during trial and he did not misuse the liberty so granted to him. 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, the fact that he was on bail during trial and he did not misuse the liberty granted to him, detention period of the appellant, who is 32 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.02/2022) 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