Santosh Chauhan vs State Of Chhattisgarh
2022 Latest Caselaw 1261 Chatt

                                                                                         +-NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRA No. 441 of 2022

   • Santosh Chauhan, S/o Kanhaiya Chauhan Aged About 21 Years R/o Near Saakin-
     Bhadrapali Mandir, Ward No. 15, Bemetara, Police Station And District - Bemetara (C.G.)

                                                                                     ---- Appellant

                                            Versus

   • State Of Chhattisgarh Through Police Station Simga, Dist. - Balodabazar (C.G.)

                                                                                 ---- Respondent

10/03/2022 Shri Uttam Pandey, Counsel for the applicant.

Shri Adil Minhaj, G.A. for the State/Respondent. Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 25/02/2022 passed by the Special Judge (N.D.P.S. Act), Balodabazaar, (C.G.), in Special Criminal Case (NDPS) No.03/2017, appellant stands convicted for the offence punishable under Section 20 B(ii)(B) of Narcotics Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R.I. for 3 years and fine of Rs.10,000/-, with default stipulations.

Learned Counsel appearing for the applicant submits that applicant has been wrongly convicted by the trial Court without there being any clinching evidence against him. He further submits that the applicant has already served about 3 months of jail sentence and after the judgment of the trial Court i.e. 25.02.2022, he is in jail. Therefore, it is prayed that the sentence imposed upon the appellant may be suspended and he may be released on bail.

On the other hand, learned Counsel appearing on behalf of the State opposes the same and supports the judgment of conviction.

Heard both the parties and perused the record of the Trial Court.

Considering the facts and circumstances of the case, particularly considering the fact that applicant has already served about 3 months of jail sentence and after the judgment of the trial Court i.e. 25.02.2022, he is in jail, and looking to the quantity of the seized contraband material, without further commenting on other merits of the case, I am of this opinion that it will be proper to release the applicant on bail during the pendency of this criminal revision.

Accordingly, I.A. No. 01/2022 is allowed.

It is directed that the 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 for a sum of Rs. 50,000/- with two solvent sureties each of Rs.25,000/- to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 08.07.2022. He shall thereafter appear before the Trial Court on a date given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this criminal revision.

List this case for final hearing due course.

Sd/-

(Arvind Singh Chandel) Judge

Vivek