Balkaran @ Bablu Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 4724 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                CRA No. 1160 of 2022


    Balkaran @ Bablu Sahu, S/o Shri Jawahir Sahu, Aged About 24 Years,
     Occupation Labourer, R/o Khadgawa Chowki, Basdei, Police Station
     Surajpur, District : Surajpur, Chhattisgarh.        ---- Appellant
                                      Versus
    State of Chhattisgarh, Through Station House Officer Surajpur (Police
     Chowki- Basdei), District- Surajpur (Chhattisgarh). ---- Respondent

25.07.2022 Mr. Surfaraj Khan, counsel for the appellant.

Ms. Richa Shukla, Dy. G.A. for the State/respondent.

Heard on admission.

Admit.

Also 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 29.06.2022 passed in Special Criminal Case No.07/2018 by the Special Judge Special Judge (NDPS Act), Surajpur, District- Surajpur (C.G.) as under:-

Conviction Sentence U/s. 20 (B)(ii)(b) of NDPS Act R.I. for 2 years and fine of Rs.

5,000/-, default in payment of fine amount additional R.I. for 6 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 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. 2 years R.I., he was on bail during trial and did not misuse the liberty granted to him, detention period of the appellant, who is 24 years old, 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 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 29.09.2022 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 in due course.

Sd/-

(Sachin Singh Rajput) Judge

Nadim