Rakesh Jangde vs State Of Chhattisgarh
2022 Latest Caselaw 1761 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                    CRA No. 231 of 2022
1.     Rakesh Jangde S/o Santlal Jangde Aged About 26 Years R/o Beside Dubey Colony,
Sarangarh, Police Station Sarangarh, District- Raigarh, Chhattisgarh.
2.     Anil Manhar S/o Raju Manhar Aged About 27 Years R/o Village Kutela, Police
Station Sarangarh, District- Raigarh, Chhattisgarh.
                                                                       ---- Appellants
                                           Versus
State Of Chhattisgarh Through The Police Station Sarangarh, District- Raigarh,
Chhattisgarh.
                                                                      ---- Respondent

31/03/2022 Mr. Sanjay Agrawal, Advocate for the appellants.

Mr. Alok Nigam, GA for the State.

Heard on I.A. No. 02/2022, application for grant of temporary bail to appellant No. 2, Anil Manhar.

By the impugned judgment dated 25/01/2022 passed in Special Criminal Case under the NDPS Act No. 27/2020 by the Special Judge (NDPS) Act, Raigarh, the appellants have been convicted and sentenced under the following manner:-

                           Conviction                              Sentence
             U/s 20 (b) (ii) (B) of the NDPS Act.    RI for 2 years and to pay fine of Rs.
                                                     6000/- with default stipulation.

Counsel for the appellants submits that appellant No.2 is a student in Indira Kala Sangeet University, Khairagarh (C.G.) and is studying in final year. As per the schedule, the examination of appellant No.2 is to be commenced from 03/04/2022 to 10/04/2022. The center of the examination is Kamla Devi Sangeet University, Raipur. A copy of examination schedule of the appellant No.2 and his roll number are also annexed with the application. He prays to grant temporary bail to appellant No.2.

Per contra, counsel for the State opposes the temporary bail. I have heard counsel for the parties and perused the impugned judgment.

Having considered the submissions of the parties, particularly considering that the appellants were on bail during trial and after the judgment of conviction they have been in jail since 25/01/2022 and further considering the exam schedule of appellant No. 2, this Court deems it appropriate to grant temporary bail to the appellant No. 2 till 12/04/2022 upon his furnishing a personal bond for a sum of Rs. 25,000/- with one surety to the satisfaction of the trial Court. While furnishing the bail bonds, the appellant and the person who stand surety shall submit their copy of Aadhar Cards and photographs.

Appellant No. 2 shall surrender before the concerned trial Court positively on 13/04/2022. After surrender of appellant No.2, the trial Court shall inform about the same to this Registry.

Post the matter for final hearing in due course.

Certified copy today.

Sd/-

(Deepak Kumar Tiwari) Judge

Rahul