Maksud Alam vs State Of Chhattisgarh
2022 Latest Caselaw 6090 Chatt

                                              1

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet,
                                   CRA No. 817 of 2021
   Maksud Alam Son Of Shri Mohammad Ali Ansari Aged About 52 Years R/o. H. Road
   Aaditpur, Police Station Aaditpur, District - Tata (Jharkhand)

                                                                                   ---- Appellant

                                           Versus

  State Of Chhattisgarh Through The Police Station- Keshkal, District Kondagaon
   (Chhattisgarh),

                                                                               ---- Respondent

28.09.2022 Shri Roop Naik, counsel for the appellant.

Shri Chandrabhan Singh Dev, P.L. for the State/respondent.

Heard on I.A.No. 01/2021, an application seeking suspension of sentence

and grant of bail.

By virtue of impugned judgment of conviction and order of sentence

dated 06.07.2021 passed by the learned Special Judge (NDPS Act of 1985)

Kondagaon (C.G.) in Special Criminal Case (NDPS Act of 1985) No.12/2017

(Crime No.18/2017), the appellant stands convicted under Section 20 (b) (ii) (C)

of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to

undergo rigorous imprisonment for ten years and fine of Rs.1,00,000/-, in default

of payment of fine, he has to undergo additional R.I. for one year.

Learned counsel appearing for the appellant, while referring to the

statement of seizure witnesses, namely, Parmesh Dhruv (P.W.2) and Lokesh

Kumar (P.W.4), submits that since they have not supported the alleged seizure

memo, marked as Ex.P.11 and as the appellant has served his jail sentence for

the period commencing with effect from 02.03.2017 upto 10.08.2020 and

thereafter from the date of pronouncement of the impugned judgment till date,

therefore, if the remainig jail sentence is allowed to run, the very purpose of

filing this appeal would be frustrated. Therefore, he may be enlarged on bail

during the pendency of this appeal.

On the other hand, learned counsel appearing for the respondent/State

has opposed the said application. While referring to the statement of the

Investigating Officer - Sharad Dubey (P.W.6), he submits that after due

consideration of the evidence of him as well as the documentary evidence led

by the prosecution, the Court below has rightly convicted the appellant with

regard to the alleged offence. It is opposed further on the ground that since

108.7 kilogram of contraband article (ganja) was recovered from the possession

of the appellant, which is more than the commercial quantity, as prescribed by

the Notification issued by the Central Government, therefore, the appellant is not

entitled to be released on bail.

I have heard learned counsel appearing for the parties and perused the

entire record carefully.

Having considered the facts and circumstances of the case, considering

further that the appellant has served his jail sentence for the period commencing

with effect from 02.03.2017 upto 10.08.2020 and thereafter from the date of

pronouncement of the judgment, i.e., 06.07.2021 till date and as such, he has

served four years jail sentence out of ten years maximum jail sentence awarded

to him and by considering further that hearing of this appeal will take some more

time, I am, therefore, inclined to allow this application.

Accordingly, I.A.No.01/2021 is allowed and it is directed that the

substantive jail sentence imposed upon the appellant shall remain suspended

during pendency of this appeal and he shall be released on bail on his

furnishing a personal bond in sum of Rs.50,000/- along with two sureties in the

like sum to the satisfaction of the concerned trial Court for his appearance

before the Registry of this Court on 22.11.2022. He shall thereafter appear

before the trial Court on a date to be given by the Registry of this Court and

shall continue to appear on all such subsequent dates as are given to him by the

said Court, till disposal of this appeal.

In view of above, I.A.No.01/2021 stands disposed of.

List the matter for final hearing in its due course.

Certified copy as per rules.

Sd/-

(Sanjay S. Agrawal) Judge

Anjani