Chandra Prakash Singh vs State Of Chhattisgarh
2022 Latest Caselaw 5517 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                             CRA No. 468 of 2019

 1. Chandra Prakash Singh S/o Bamshankar Singh Aged About 19 Years R/o
    Village Banrahi Post Mida Police Station Sapura, District Baliya, Uttar Pradesh.

 2. Nawalram Bhuiya S/o Rajmani Ram Bhuiya Aged About 40 Years R/o Golna,
    Police Station Padhwa, District - Daltangunj, Jharkhand.

                                                                    ---- Appellants

                                      Versus

 • State of Chhattisgarh Through The Police Station Nagarnar, District - Bastar
   Chhattisgarh.

                                                                    ---- Respondent

05/09/2022 Ms. Kiran Jain, Advocate and Mr. P.K. Tulsyan, counsel for the respective appellants.

Mr. B.P. Banjare, Dy. G.A. for the State.

Heard on I.A. No.01/2019, which is an application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 14.02.2019 passed by learned Special Judge (N.D.P.S.), Jagdalpur, District - Bastar (C.G.) in Special Case (NDPS) No. 18/2017, whereby the appellants have been convicted and sentenced as under:

Conviction Sentence

Under Section 20(b)(ii) R.I. for 10 years with fine of Rs.

(c) of the NDPS Act 1,00,000/- and on default of payment of fine amount additional R.I. for 1 year.

Learned counsel for the appellants submit that the appellants are innocent and have been falsely implicated in the case. They further submit that the seizure witnesses have not supported the case of the prosecution and no independent witness has been produced by the prosecution. They also submit that the disposal of this appeal is likely to take some time, therefore, the appellants may be enlarged on bail.

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

Heard learned counsel for both the parties and perused the record.

Considering the facts and circumstances of the case, the nature and quality of evidence available on record, the application is allowed and it is directed that the substantive jail sentence imposed upon the appellants shall remain suspended and they shall be released on bail subject to deposit of the entire fine amount by each appellant with the trial Court and on their executing a personal bond for a sum of Rs. 50,000/- each, with one local surety for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 17th October, 2022. They shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to them by the said Court till disposal of these appeals.

List these matters for final hearing in due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge H.L. Sahu