Sanjay Dwivedi & Others vs State Of Chhattisgarh
2022 Latest Caselaw 5732 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 799 of 2021

 1. Sanjay Dwivedi, S/o Shiv Shankar Dwivedi, Aged About 39 Years, R/o Village-
    Akodi, P.S. Aata, District-Jaloun, Uttar Pradesh.

 2. Sanjay Kumar Tripathi, S/o Birendra Kumar Tripathi, Aged About 38 Years, R/o
    Urai, P.S. Urai, District- Jaloum, Uttar Pradesh.

 3. Iqbal Khan, S/o Juman Khan, Aged About 22 Years, R/o Urai, P.S. Urai, District-
    Jaloun, Uttar Pradesh.

                                                                           ---- Appellants

                                         Versus

 • State of Chhattisgarh Through Police Station- Keshkal, District- Kondagaon,
   Chhattisgarh.

                                                                           ---- Respondent

13/09/2022 Mr. U.K.S. Chandel, advocate & Mr. Vineet Kumar Pandey, counsel for the appellants.

Mr. Ayaz Naved, G.A. 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 14.07.2021 passed by learned Special Judge (NDPS), Kondagaon District- Kondagaon (C.G.) in Special Criminal Case (N.D.P.S. Act 1985) No. 08/2018, whereby the appellants have been convicted and sentenced as under:-

Conviction Sentence

Under Section 20(b)(ii-C) R.I. for 10 years with fine of Rs. of the NDPS Act 1,00,000/- and in default of payment of fine amount additional R.I. for 1 year 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 seizure and panchnama witnesses did not support the prosecution case and have turned hostile. It is further submitted that the appellants have already undergone the sentence near about 5 years out of 10 years and they are in jail since 17.09.2017 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 and the detention period of the appellants, 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.

Learned State counsel seeks some time to file reply to I.A. No. 01/2022 which is an application for disposal of appeal on behalf of appellant No.1 on the basis of sentence already undergone in light of statement of appellant.

List this case after four weeks.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge Ruchi