Vinayak Sahu @ Bidi Nayak vs State Of Chhattisgarh
2022 Latest Caselaw 5801 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                            CRA No. 482 of 2021

 • Vinayak Sahu @ Bidi Nayak S/o Late Nanhu Ram Aged About 31 Years R/o
   Sagarpur, Baikunthpur, District Koriya, Chhattisgarh.

                                                                ---- Appellant

                                   Versus

 • State of Chhattisgarh, Through : Station House Officer , Police Station
   Baikunthpur, District Koriya, Chhattisgarh.

                                                              ---- Respondent

CRA No. 584 of 2021

• Bijendra Sarthi S/o Brijlal Aged About 28 Years R/o Jharnapara, P. S. Baikunthpur, District Koriya, Chhattisgarh.

---- Appellant

Versus

• State of Chhattisgarh, Through: Station House Officer, Police Station Baikunthpur, District Koriya, Chhattisgarh.

---- Respondent

15/09/2022 Mr. Shakti Raj Sinha, counsel for the appellant in CRA No. 482/2021.

Mr. Pushkar Sinha, counsel for the appellant in CRA No. 584/2021.

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

Heard on admission.

Admit.

Also heard on I.A. Nos.01/2021, which are applications for

suspension of sentence and grant of bail. By the impugned judgment dated 31.03.2021 passed by

learned Special Judge (N.D.P.S.) Act, Baikunthpur, District - Koriya

(C.G.) in Special Criminal Case No. 04/2018, whereby the appellants

have been convicted and sentenced as under:

Conviction Sentence

Under Section 21(C) R.I. for 10 years with fine of Rs. of the NDPS Act 1,00,000/- and on default of payment of fine amount additional R.I. for 6 months.

Learned counsel for the appellants submit that the appellants

are innocent and the mandatory provisions of investigation, search

and seizure, as provided under the N.D.P.S. Act, have not been

complied with in their true spirit by the prosecution. They further

submit that the learned trial Court has not considered that the

seizure witnesses of this case have not supported the case of the

prosecution. They also submit that the disposal of this appeal is

likely to take some time, therefore, they may be enlarged on bail.

On the other hand, learned State counsel opposes the bail

applications and submits that all the mandatory provisions have

been complied.

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 applications

are 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 these matters for final hearing in due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

H.L. Sahu