Darshan Lal vs State Of Chhattisgarh
2022 Latest Caselaw 5595 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 657 of 2021

 1. Darshan Lal S/o Rambharose Aged About 45 Years R/o Dhodhapur Colony,
   Lacknow (U.P.)., District : Lucknow, Uttar Pradesh.

 2. Smt. Anita Singh W/o Umashanker, Aged About 35 Years R/o Krishna Nagar,
   Lucknow (U.P.)., District : Lucknow, Uttar Pradesh.

                                                                        ----Appellants

                                       Versus

 • State Of Chhattisgarh Through Station House Officer, Police Station Civil Line
   Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh.

                                                                       ---- Respondent

07/09/2022 Mr. Ishwar Jaiswal, Advocate appears on behalf of Mr. Amit Singh Chouhan, counsel for the appellants.

Mr. Ali Asgar, Dy. A.G. for the State.

Heard on I.A. No.01/2021 which is an application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 24.12.2020 passed by learned Special Judge (NDPS ACt), Bilaspur, District- Bilaspur (C.G.) in Special NDPS Case No. 38/2017, whereby the appellant has been convicted and sentenced as under:-

Conviction Sentence

Under Section 20(b)(ii-b) R.I. for 7 years with fine of Rs. of the NDPS Act 30,000/- and in default of payment of fine amount additional R.I. for 3 months

Learned counsel for the appellants would submit that the appellants are innocent and have been falsely implicated in the case. He further submits that the appellants have remained in jail for about 3 years, 3 months & 30 days and 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 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 21st 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 this case for final hearing in due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

Ruchi