Putul Kumari vs State Of Chhattisgarh
2022 Latest Caselaw 4812 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                   CRA No. 05 of 2020
Putul Kumari D/o Late Virendra Singh Aged About 19 Years R/o Village Magurah,
Police Station Jadupur, District Gopalganj, Bihar., District : Gopalganj, Bihar

                                                                          -----Appellant

                                            Vers.

State Of Chhattisgarh Through The Police Station Tapkara, District Jashpur,
Chhattisgarh., District : Jashpur, Chhattisgarh

                                                                          -----Respondent

27/07/2022 Shri Sunil Sahu, counsel for the appellant.

Ms. Privamvada Singh, Dy. G.A. for the State/ respondent.

Heard on I.A. No.2, application for suspension of sentence and grant of bail.

By the impugned judgment and order of sentence dated 14.02.2017 passed by the learned Special Judge (NDPS) Jashpur (C.G.) in Special Criminal Case (NDPS Act) No. 02/2016, the appellant have been convicted for offence under Section 20(B)ii(c) of NDPS Act and sentence to undergo RI for 10 years and fine 1,00,000/- in default of payment of fine R.I. for 1 Year.

Learned counsel for the appellant submits that the maximum sentence

awarded to the appellant is R.I. for 10 years and fine amount of

Rs.1,00,000/- with default stipulation. He further submits that appellan t have already served/undergone 6 years and two month out of 10 years jail

sentence awarded to him. He also relies upon the provision contained in

Section 436-A of the CrPC and contended that since appellant have already

served more than half of the sentence awarded to him, therefore application

for suspension of sentence and grant of bail may be considered. He placed

reliance on a recent judgment of the Hon'ble Supreme Court in case of

Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported

in 2022 Live Law(SC)577.

On the other hand, State counsel opposes the application for

suspension of sentence and grant of bail and submits that appellant was

transporting the contraband cannabis (Ganja) to the tune of 30.500 kg which

is commercial quantity and minimum sentence is 10 years and fine of Rs.

1,00,000/-.

I have perused that application and considering the fact that appellant

have already served more than half of the sentence awarded to him and

appeal may take some more time for conclusion, the same is allowed.

Accordingly, I.A.No.2/2020 is allowed.

The substantive jail sentence awarded to appellant is suspended

during the pendency of this appeal and he may be directed to release on bail

on furnishing a personal bond in the sum Rs. 25,000/-each along with one

local surety in the like sum to the satisfaction of the concerned trial Court. It

is further directed that appellant shall deposit 50% of fine amount, before the

concerned trial Court. Now he shall appear before the Registry of this Court on 29th September, 2022, 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.593/2017.

Sd/-

(Sachin Singh Rajput) Judge

Ashish