Satish Chandra Roy @ Pannalal Roy vs The State Of Chhattisgarh
2022 Latest Caselaw 6533 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                 CRA No. 1672 of 2022

 Satish Chandra Roy @ Pannalal Roy S/o. Late Kundan Lal Roy, aged about 64 years,
  R/o. Village Sarouli, Thana Podi, District Koriya (C.G.).
                                                                              ---- Appellant
                                          Versus
 The State of Chhattisgarh P. S. Podi, District Koriya (C.G.).
                                                                          ---- Respondent

02.11.2022 Mr. Hemant Kumar Agrawal, counsel for the appellant.

Mr. R. M. Solapurkar, G. A. for the State/respondent. Heard on application (I.A. No. 01) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 11.10.2022 passed by Special Judge (NDPS Act), Baikunthpur, District-Koriya (C.G.) in Special Case No.-07/2018 and Crime No. 32/2018, the appellant stands convicted and sentenced as under:

             S. No.        Conviction                     Sentences
                1.     Under Section      20   (b)(ii)(b) Imprisonment for 3 years
                       N.D.P.S. Act                       R.I. and fine of Rs.
                                                          25,000/- in default of
                                                          payment of fine amount
                                                          to further undergo 6
                                                          months

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He would further submit that during trial the appellant was on bail and even after the conviction and sentenced passed by the Special Judge he is on bail and that disposal of the appeal is likely to take

some time. Therefore, it is prayed that the appellant may be released on bail.

On the other hand, learned State Counsel opposes submissions of the counsel for the appellant.

I have heard learned counsel for the parties, considering the facts and circumstances of the case, nature & gravity of allegations against appellant and particularly considering the fact that short sentence has been awarded to the appellant and as per learned counsel for the appellant, the fine amount has also been deposited and disposal of the appeal may take some time, without expressing anything on merit of the case I am inclined to allowed the appellant to release on bail accordingly, the application (IA No.1) is allowed.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 14th December, 2022. He shall thereafter appear before Registry of this Court on a date to be given by the Registry of this Court and shall continue to appear on all such subsequent dates as are given to him by the Registry of this Court till the disposal of this appeal.

Call for the record of the Court below.

List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

amita