Chattisgarh High Court
Smt. Kanij Bano vs State Of Chhattisgarh on 29 July, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1577 of 2016
Smt. Kanij Bano W/o Late Shri Moharram Khan Aged About 52 Years R/o Village
Mudapar, Chimani Bhatta, Police Station Korba, District Korba, Chhattisgarh. At
Present R/o House Of The Kamla Tiwari, Ambikapur, Police Station Ambikapur, District
Sarguja, Chhattisgarh., Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur, District
Sarguja, Chhattisgarh., Chhattisgarh --- Respondent
29.07.2022 Mr. Pritam Tiwari, counsel for appellant.
Mr. G.P. Kurre, PL for the State/respondent.
Heard on IA No. 02 application for suspension of sentence and
grant of bail to the applicant.
By the impugned judgment and order of sentence dated
06.04.2015 passed by the learned Special Judge (NDPS Act)
Ambikapur, District Sarguja, CG in Special Criminal Case No. 31 of
2011 the appellant has convicted in under Section 21(B) of NDPS Act
and sentence to undergo RI for 10 years and fne of Rs. 1,00,000/-,
plus default of stipulation.
The case of the prosecution story in brief is that on 24.07.2011
the S.I. of police station Ambikapur had received a secrete
information to informer that the applicant and other accused have
keeping illegal brown sugar to sale at near hand pump of
Bramhanpara, and the police was seized 23 gm. Brown sugar from
the possession of the present applicant.
Learned counsel for the appellant submits that the appellant is
innocent and has been falsely implicated in this case. He further
submits that the applicant has sufered more than half of jail
sentence out of 10 years jail sentence awarded to him and he placed
reliance on a recent judgment of Hon'ble Supreme Court in the case
of Satendra Kunar Antil Vs. Central Bureau of Investigation &
Another reported in 2022 LiveLaw(SC)577.
State counsel opposes the application for suspension of
sentence and grant of bail but he has not disputed the detention
period.
I have heard learned counsel for the parties, considering the
detention period, I am inclined to allow this application.
Accordingly, IA No. 02 is allowed.
The substantive jail sentence awarded to the applicant is
suspended during the pendency of this appeal and he is directed to
release on bail on his furnishing a personal bond in the sum of Rs.
25,000/- along with one surety in the like sum to the satisfaction of
the concerned trial Court for his appearance before the Registry of
this Court on 29th of September, 2022. He shall 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
are given to him by the said Court, till the disposal of this appeal.
List this case for fnal hearing.
Sd/-
(Sachin Singh Rajput)
Judge
Pawan
