Pravin Singh vs State Of Chhattisgarh
2022 Latest Caselaw 6463 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR

                                            CRA No. 1424 of 2019

                  Pravin Singh S/o Roop Singh Aged About 40 Years R/o Near Shakin Railway
                   Barear, Bangali Para, Kailash Pan Thela, Thana Sarawati Nagar, Raipur District
                   Raipur Chhattisgarh, District : Raipur, Chhattisgarh

                                                                                      ---- Appellant

                                                     Versus

                  State Of Chhattisgarh Through The Station House Officer, Police Station
                   Bemetara, District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh

                                                                                   ---- Respondent

21/10/2022 Mr. T.K. Jha, Advocate for the appellant.

Mr. Sanjay Pathak, PL for the State.

Heard on IA No.2/2019, application for suspension of sentence and grant of bail.

By the impugned judgment dated 10/07/2019 passed by the Special Judge (NDPS),

Bemetara(C.G.) in Special Case(NDPS) No.- 12/2018, the Appellant stands convicted as

under:-

Conviction Sentence

U/s 20(B)(ii)(C) & 8 of NDPS Act. : R.I. for 10 years & fine of amount Rs.1,00,000/- and in default of payment of fine further three months additional rigorous imprisonment.

Learned counsel for the appellant submits that appellant is in jail about 5 years, which is almost half of the sentence of imprisonment ordered by the trial Court. He further submits that as per the prosecution case though he was found in possession of 70kg of ganja the narcotic substance but the independent witnesses of search and seizure have been examined in the trial and they have not supported the prosecution case. The appeal is pending since more than 3 years and there is no likelihood of its disposal in near future, hence, prayed that their application be allowed.

On the other hand, learned counsel for the State has opposed the bail application Heard both the parties and perused the record of the trial Court.

Considering the facts and circumstances of the case, without further commenting on merits of the case and looking to this fact that appellant has suffered almost half of the period of sentence awarded to him by the trial Court and the appeal is likely to take some time for its final disposal, therefore, he should be released on bail.

Accordingly, the bail application is allowed.

Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 14/12/2022. 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.

Sd/-

(Radhakishan Agrawal) Judge

Nisha