Mohammad Jiaul Haq vs The State Of Chhattisgarh
2022 Latest Caselaw 6279 Chatt

                                                                                 NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1589 of 2022

 • Mohammad Jiaul Haq Mohammad Hafeez Aged About 29 Years R/o Next To Kgn
   Watch Center, Kalibadi Chowk P.S. Civil Kotwali, Raipur (C.G.)

                                                                         ---- Petitioner

                                         Versus

 • The State Of Chhattisgarh Through Diostrict Magistrate Raipur District Raipur
   (C.G.)

                                                                       ---- Respondent

14/10/2022 Shri Pragalbh Sharma, counsel for the appellant.

Shri Neeraj Pradhan, PL for the State.

Heard on admission.

The appeal is admitted for hearing.

Call for records of the Court below.

Also heard on I.A. No. 01 which is an application filed by the appellant for suspension of sentence and grant of bail.

By the impugned judgment dated 15.09.2022 passed by the Special Judge (NDPS Act) Raipur, district Raipur in Special Criminal Case No. 336/2017 whereby the accused/appellant stand convicted under Section 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo RI for three years and fine of Rs. 25,000/- plus default stipulation.

Contention of the counsel for the appellant is that the maximum sentence which has been awarded to the appellant is of three years and he was on bail during trial and even after passing of the impugned judgment for a limited period and did not misuse the liberty granted to him. He further submits that the memorandum and seizure witnesses have turned hostile. He submits that the appeal is likely to take some time for its final disposal therefore they may be released on bail.

On the other hand, counsel for the State opposes the bail application.

Considering the totality of the fact in particular the short sentence awarded to the appellant, without further commenting on merits, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the application is allowed.

It is directed that the 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 sum of Rs. 25,000/- with one surety in like sum to the satisfaction of the trial court for his appearance before the Registry of this Court on 10th January 2023 and thereafter continue to appear on all such subsequent dates as are given to him in that behalf till the disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

(Radhakishan Agrawal) Judge

suguna