Shiv Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3952 Chatt

                                            1

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet
                          Criminal Appeal No. 750 of 2022

   Shiv Kumar Sahu S/o Awadh Ram Sahu, aged about 34 years, R/o Ward No. 18,
    Jevra, Police Station Pulgaon, Outpost Jevra Sirsa, District Durg (C.G.)

                                                                             ----- Appellant   s




                                      versus
   State of Chhattisgarh, Through - Police Station Pulgaon, Outpost Jevra Sirsa, District
    Durg (C.G.)
                                                                          ----- Respondent

22/06/2022 Shri Govind Prasad Dewangan, Advocate for the appellant.

Shri Shivnath Shrivas, Panel Lawyer for the State. Heard on admission.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on I.A. No. 01 of 2022, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 28.03.2022 passed by the Special Judge (NDPS Act) and Fourth Additional District & Sessions Judge, Durg, District Durg (C.G.) in Special Case (NDPS) No. 46/2018, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                   Under Section 20 (b) (ii) (B) of       R.I. for one year and fine of
                   NDPS Act.                              Rs.500/-, in default of payment of
                                                          fine to further undergo R.I. for one
                                                          month

Allegation against the appellant is that on 15.10.2018 he was found in

illegal possession of 1.500 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, maximum sentence awarded to the appellant

is of one year, the age of the appellant i.e. 34 years, the appellant was on

bail during trial & after conviction he is in jail, he did not misuse the liberty so

granted 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 29th

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