Jitendra Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3924 Chatt

                                          1

                                                                        NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 96 of 2022

1. Virendra Sahu, S/o Kaviraj Sahu, aged about 32 Years, R/o Gochha Gora, P.S.
  Kantamal, District Bauddh (Orissa).

2. Rama Sahu, S/o Murli, aged about 20 Years, R/o Rundimal, P.S. Kantmal
  (Orissas).

                                                                  ----Appellants

                                       Versus

 State of Chhattisgarh, Through Station House Officer, Police Station Patewa,
  District Mahasamund, Chhattisgarh.

                                                                ---- Respondent

CRA No. 136 of 2022

 Jitendra Sahu, S/o Ghanshyam Sahu, aged about 20 Years, R/o Village Rundimal, Thana Kantmal District Baudh, Odisha.

----Appellant

Versus

 State of Chhattisgarh, Through Station House Officer, Police Station Patewa, District Mahasamund, Chhattisgarh.

---- Respondent

21/06/2022 Shri C.R. Sahu and Shri Vikash Pradhan, Advocates for the respective appellants.

Shri Shivnath Shrivas, P.L. for the State.

Heard on I.A. No.01 of 2022, applications for suspension of

sentence and grant of bail to the appellants.

By the impugned judgment dated 22.12.2021 passed by the

Special Judge (NDPS Act) Mahasamund, C.G. in Special Criminal

Case (NDPS Act) No. H-28/2017, the appellants stand convicted and

sentenced as under:-

              Conviction                          Sentence

  Under Section 20(b)(ii)(B) of Rigorous         Imprisonment    for   five
  the                                years and fine of Rs.40,000/-, in
                                     default of payment of fine amount
                                     to    undergo     further   rigorous
                                     imprisonment for six months

Considering the facts and circumstances of the case, the detention

period of the appellants, the age of the appellants i.e. 32, 20 and 20

years respectively, the fact the appellants were on bail during trial and did

not misuse the liberty granted to them and that disposal of these appeals

is likely to take some time, without expressing any opinion on the merits

of the case, I am of the opinion that present is a fit case to suspend the

jail sentence imposed upon the appellants and to release them on bail.

Accordingly, the applications (I.A. No.01 of 2022) are allowed.

It is directed that the execution of substantive jail sentence

imposed upon the appellants shall remain suspended during the

pendency of these appeals and they shall be released on bail on each of

them furnishing a personal bond in the sum of Rs.2,00,000/- with two

sureties of Rs.1,00,000/- each to the satisfaction of the trial Court. They

shall appear before the Registry of this Court on 05.09.2022 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 them by the said Court till disposal of these

appeals.

List these cases for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh