Gourav Tiwari vs State Of Chhattisgarh
2022 Latest Caselaw 6455 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                               Cr.A. No. 1603 of 2022

1. Gourav Tiwari S/o Dinesh Tiwari Aged About 23 Years R/o Sarkanda, Nootan
   Chowk, Police Station Sarkanda, District Bilaspur (C.G.)
2. Raju Dewangan S/o Ashok Dewangan Aged About 24 Years R/o Sarkanda,
   Near Accl Colony, Police Station Sarkanda, District Bilaspur (C.G.)
                                                                     ---- Appellants
                                                                            (In Jail)
                                    Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Pandaria,
District Kabirdham (C.G.)
                                                                     ---Respondent

21.10.2022 Shri Kamlesh Kumar Pandey, counsel for the appellants.

Shri Praveen Kumar Shrivastava, P.L. for the State/respondent. Heard on I.A.N0.01/2022, an application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 30/09/2022 passed by the learned Special Judge (N.D.P.S. Act), District- Kabirdham (C.G.) in Special Session Trial No. 80/2017, the appellants stands convicted, as under:-

                      Offences                              Sentence
              U/s      20B(ii)(b)      of : R.I. for 2-2 years and fine of Rs. 25,000/-
                                            25000/- in default of payment of fine 06-06
              N.D.P.S. Act, 1985
                                            months additional R.I.
                                            (Both the fine amount has already
                                            deposited)

Learned counsel for the appellants would submit that appellants have been convicted under offence punishable under section 22B(ii)(c) of the N.D.P.S. Act, 1985 and both the appellants have convicted for 2-2 years. Total of 5.600 Kg of cannabis (Ganja) has been seized from the illegal possession of both the appellant which is not in commercial quantity, fine amount has already been deposited by the appellants and also submit that during trial the

appellants are in jail from 31/08/2017 to 19/12/2017 and after the conviction on 30/09/2022 they are in jail, therefore, the appellants may be released on bail.

On the other hand learned State counsel raised objection about the releasing the appellants on bail application, considering that the trial court has passed the conviction after appreciating the evidence available on record and clinching evidence against the appellants, therefore, the punishment awarded to the appellants would justified. Hence, the bail application filed by the appellants may be rejected.

I have heard counsel for the parties and perused the records of the court below.

Considering the sort sentence has been imposed upon the appellants and also considering the fact that the appellants has already undergone 4 months imprisonment during trial and even after conviction, final hearing of the appeal will likely to take some time , I am inclined to suspend the sentence of the appellants and release them on bail.

I.A. No.01/2022 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 appellants shall remain suspended and they shall be released on bail on their executing a personal bond in sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of trial Court for their appearance before the Registry of this Court on 13th December, 2022. They 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 them by the said court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge Ashish