Sagar Khute vs State Of Chhattisgarh
2022 Latest Caselaw 4116 Chatt

                                                                                NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 409 of 2022

 Sagar Khute, S/o Sudarshan Khute, aged about 25 Years, R/o Village Kasmunda
  Premnagar, Thana Kasmunda, District Korba, Chhattisgarh.

                                                                           ----Appellant

                                        Versus

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

                                                                       ---- Respondent

29/06/2022 Mr. Vikash Pradhan, counsel for the appellant.

Ms. Binu Sharma, P.L. for the State.

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

sentence and grant of bail to the appellant.

By the impugned judgment dated 24.02.2022 passed by the

Special Judge (N.D.P.S. Act) Saraipali, District Mahasamund, C.G. in

Special Criminal NDPS Case No.07/2017, the appellant stands

convicted and sentenced as under:-

Conviction Sentence

Under Section 20(b)(ii)(B) of Rigorous Imprisonment for five years NDPS Act and fine of Rs.5,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month

Considering the facts and circumstances of the case, the

detention period of the appellant i.e. 1 year, 3 months and 13 days, the age of the applicant i.e. 25 years, the appellant is in jail since the

pronouncement of the impugned judgment i.e. 24.02.2022, he was on

bail during trial and did not misuse the liberty granted to him, the

applicant has no criminal antecedent nor any previous conviction and

that disposal of the appeal 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 appellant and to release him on bail.

Accordingly, the application (I.A. No.01 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 Registry of this Court on 12.09.2022 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 him by the said Court till disposal of this

appeal.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh