Abhinash Ahirwar vs State Of Chhattisgarh
2022 Latest Caselaw 7160 Chatt

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                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 CRA No. 185 of 2022
Abhinash Ahirwar, S/o Rajaram Ahirwar, Aged About 24 Years, Resident of Gali No. 1,
House No. 481, Behind Vishwakarma Building, Vidisha, Police Station- Civil Line,
Vidisha (M.P.)
                                                                        ---- Appellant
                                   Versus
State of Chhattisgarh, through the Station House Officer, Police Station- Farasgaon,
District- Kondagaon (C.G.)
                                                                      ---Respondent

29.11.2022 Mr. Shrawan Kumar Chandel, counsel for the appellant.

Mr. B.L. Sahu, Panel Lawyer for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 09.11.2021 passed by the learned Special Judge, NDPS Act, 1985, Kondagaon, District- Kondagaon (C.G.) in Special Criminal Case (NDPS Act 1985) No. 14/2021, the appellant stands convicted, as under:-

Conviction Sentence U/s 20(B)(ii-B) of the : R.I. for 2 years and fine of Rs. 25,000/- in default NDPS Act, 1985. of payment of fine 1 month additional R.I.

Learned counsel for the appellant would submit that the maximum sentence awarded to the appellant is two years and he has already undergone for more than one year and three months and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellant may be released on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of offence, therefore, the appellant is not entitled for grant of bail.

Considering the fact that the maximum jail sentence awarded to the appellant is R.I. for two years, the appellant has already suffered jail sentence for more than one year and three months and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

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 3rd January, 2023. He shall thereafter appear before the trial Court on a date to be 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 the disposal of this appeal.

List this appeal for final hearing in the month of March, 2023.

Sd/-

(Narendra Kumar Vyas) Judge

Arun