Kamlesh Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 3830 Chatt

                                               1

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                              Criminal Appeal No. 731 of 2022

       Kamlesh Yadav S/o Dilharan Yadav, aged about 20 years, R/o Village Ward No. 08,
        New Chandaniya Para Janjgir, P.S. Janjgir, Civil, Revenue and District Janjgir-
        Champa (C.G.)
                                                                                ----- Appellant
                                            versus
       State of Chhattisgarh, Through : the Police Station Baramkela, District Raigarh (C.G.)
                                                                          ----- State/Respondent

16/06/2022 Shri Santosh Kumar Verma, Advocate for the appellant.

Shri Kashif Shakeel, Deputy Advocate General for the State. Heard on I.A. No. 1 of 2022, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 26.03.2022 passed by the Special Judge (under N.D.P.S. Act), Raigarh, District Raigarh (C.G.) in Special Criminal Case Under the N.D.P.S. Act No. 26/2020, the appellant stands convicted and sentenced as under:

                              Conviction                                Sentences
                   Under Section 20 (b) (ii) (B) of          R.I. for one year & six months
                   N.D.P.S. Act                              and fine of Rs.5,000/-, in default
                                                             of payment of fine to further
                                                             undergo R.I. for five months

Allegation against the appellant is that on 24.07.2020 he was found in illegal

possession of 3 Kg of ganja.

Learned counsel for the appellant submits that the appellant has been falsely

implicated in this crime 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.

Heard learned counsel for the parties.

Considering the material available on record, particularly considering the

quantity of illicit contraband, the detention period of the appellant and that disposal

of this appeal is likely to take some time, without further commenting on merit, I am

of the opinion that present is a fit case to suspend the jail sentence imposed upon

the appellant and to release him on bail.

Accordingly, the application (I.A. No. 1 of 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial

Court. He shall appear before the trial Court on 22nd August, 2022 and thereafter

continue to appear there on all such dates as are given to him by the said Court till

disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti