Suhail Khan vs State Of Chhattisgarh
2022 Latest Caselaw 5729 Chatt

                                                                                 NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1575 of 2021

  • Suhail Khan, S/o Mohd. Ashrafull @ Sarifull Khan, Aged About 20 Years,
    Occupation Labourer, R/o Masjid Mohalla, Surajpur, P.S. & Tehsil Surajpur,
    District- Surajpur Chhattisgarh.

                                                                       ---- Appellant

                                      Versus

  • State of Chhattisgarh Through Station House Officer Surajpur, District-
    Surajpur Chhattisgarh.

                                                                    ---- Respondent

13/09/2022 Shri Ashish Shrivastava, Senior Advocate assisted by Shri Aman Pandey, advocate & Shri Rohishek Verma, counsel for the Appellant.

Shri Ayaz Naved, G.A. for the State/respondent.

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

By the impugned judgment dated 30.11.2021 passed by learned Court of Special Judge (NDPS Act), Surajpur, District- Surajpur (C.G.) in Special Criminal Case under the N.D.P.S. Act No.13/2021, the appellant stands convicted as under:-

                        Conviction                             Sentence

                   U/s 21(C) of NDPS Act        RI for 10 years and to pay fine amount
                                                    of Rs. 1,00,00/- and in default of
                                                payment of fine amount additional R.I.
                                                               for 2 years

Learned counsel for the appellant submits that the appellant has been wrongly convicted by the trial court in the judgment without there being any sufficient evidence available on record. He further submits that independent witnesses Golu Kasera (P.W.-1) & Santosh Sonwani (P.W.-3) did not support the prosecution case and declared hostile. He also submits that the appellant is in jail since 24.05.2021, the appeal is likely to take some time for its conclusion. Hence, it is prayed that his application be allowed.

Reliance has been placed on the decision of the High Court of Delhi at New Delhi in the matter of Iqbal Singh Vs. State vide order dated 31.07.2020 & in the matter of Mohd. Ahsan Vs. Customs vide order dated 25.06.2021.

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 appellant shall remain suspended and he shall be released on bail subject to deposit of the entire fine amount by the appellant with the trial Court and on his executing a personal bond for a sum of Rs. 50,000/-, with one local surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 21st October, 2022. He 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 him by the said Court till disposal of the appeal.

List this case for final hearing in due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

Ruchi