Naarendra Patel And Another vs State Of Chhattisgarh
2022 Latest Caselaw 4820 Chatt

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                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                               CRA No. 2019 of 2019
 1. Naarendra Patel And Another S/o Shyam Lal Patel Aged About 34 Years R/o Village
    Nougaon, Police Station Manpur, District Umariya, Madhya Pradesh.
 2. Pankaj Patel S/o Bhura Patel Aged About 23 Years R/o Village Nougaon, Police Station
    Manpur, District Umariya, Madhya Pradesh.
                                                                             ---- Appellants
                                         Versus
  State of Chhattisgarh Through Police Station Kurud, District Dhamtari, Chhattisgarh.
                                                                           --- Respondent

27.07.2022 Mr. Rajesh Jain, Counsel for the appellants.

Mr. Sushil Sahu, P. L. for the State/respondent.

Heard on I.A.No.01/2019, application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 12.12.2019

passed by the learned Special Judge (NDPS) Dhamtari, (C.G.) in Special

Criminal Case (NDPS Act) No. 199/2017, the appellants have been

convicted for offence under Section 20(ख)(2)(ग) of NDPS Act and sentence

to undergo RI for 10-10 years and fine of Rs.1,00,000- 1,00,000/- in default

of payment of fine amount 6-6 months separately R.I.

Learned counsel for the appellants submits that the maximum

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

Rs.1,00,000/- with default stipulation. He further submits that appellan ts

have already served/undergone 5 years and one month out of 10 years jail

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

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

already served more than half of the sentence awarded to them, 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 LiveLaw(SC)577.

On the other hand, State counsel opposes the application for

suspension of sentence and grant of bail and submits that appellants were

transporting the contraband cannabis (Ganja) to the tune of 126.170 kg

which is commercial quantity and minimum sentence is 10 years. In the

event of suspension of sentence and grant of bail, local surety should be

taken because they belong to District Umariya(MP) for which counsel for

the appellants do not object.

I have perused that application and considering the fact that

appellants have already served more than half of the sentence awarded to

them and appeal may take some more time for conclusion, the same is

allowed.

Accordingly, I.A.No.1/2019 is allowed.

The substantive jail sentence awarded to appellants is suspended

during the pendency of this appeal and they are directed to release on bail

on their 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 appellants shall deposit 50% of fine

amount, before the concerned trial Court. Now they 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

them by the said Court, till the disposal of this appeal.

Certified copy as per rules.

List this case for final hearing.

Sd/-

(Sachin Singh Rajput)

Judge

parul