Lokesh Rao @ Golu vs State Of Chhattisgarh
2022 Latest Caselaw 3428 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                            Criminal Appeal No. 547 of 2022

     Vijay Sahare son of Sukhdev Sahare, aged about 22 years, R/o Bapu Nagar, NPA
      Road, Quarter No. 9/C, Khursipar, P.S.- Khursipar, District Durg (C.G.)

                                                                              ----- Appellant   s




                                       versus
     State of Chhattisgarh, through the Station House Officer, Police Station- Bhilai
      Bhatthi, District Durg (C.G.)
                                                                            ----- Respondent

Alongwith Criminal Appeal No. 571 of 2022

 Lokesh Rao @ Golu, son of Satyanarayan Rao, aged about 23 years, resident of Bapu Nagar, Near Deepa Kirana Store, Khursipar, Police Station Khursipar, District Durg (C.G.)

----- Appellant s

versus  State of Chhattisgarh, Through : Station House Officer, Police Station Bhilai-Bhatthi, District Durg (C.G.)

----- Respondent

10/05/2022 Shri Sanjeev Kumar Sahu, Advocate for the appellant in Cr.A. No.

547/2022.

Ms. Itu Rani Mukherjee, Advocate appears on behalf of Shri Jitendra

Gupta, Advocate for the appellant in Cr.A. No. 571/2022.

Shri Anurag Verma, Panel Lawyer for the State.

Heard on I.As. No. 1 of 2022 (in both appeals), applications under Section

389 of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 21.03.2022 passed by the Special

Judge (NDPS Act) & 4th Additional District & Sessions Judge, Durg, District Durg

(C.G.) in Special Case NDPS No. 11/2018, each appellants stands convicted and

sentenced as under:

                         Conviction                             Sentences
             Under Section 20 (b) (ii) (B) of        R.I. for two years and fine of
             NDPS, Act                               Rs.1,000/- each, in default of
                                                     payment of fine to further
                                                     undergo R.I. for one month each

Considering the material available on record, particularly considering the

age of the appellants who are 22 & 23 years, detention period of the appellants,

during trial they were on bail & do not misuse the liberty, and disposal of both the

appeals are likely to take some time, without further commenting on merit, I am of

the opinion that present are the fit cases to suspend the jail sentence imposed

upon the appellants and to release them on bail.

Accordingly, I.As. No. 1 of 2022 (in both appeals) are allowed.

It is directed that the execution of substantive jail sentence imposed upon

appellants Vijay Sahare & Lokesh Rao @ Golu shall remain suspended during

the pendency of both the appeals and they shall be released on bail on each of

them 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. They shall appear before

the Registry of this Court on 18th July, 2022 and thereafter shall appear before

the trial Court on a date to be given by the Registry and shall continue to appear

there on all such dates as are given to them by the said Court till disposal of both

the appeals.

Certified copy as per rules.

List these appeals (Cr.A. No. 547/2022 & Cr.A. No. 571/2022) for final

hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti