Deleted (Purnima Suryavanshi) vs State Of Chhattisgarh
2023 Latest Caselaw 1017 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                    CRA No. 1910 of 2019

     Deleted (Purnima Suryavanshi)

   Chait Ram S/o Paras Ram, aged about 46 years, R/o Kohka, near Kirana Store,
    P.S. Dongergaon, District Rajnandgaon, C.G.

                                           Versus

     State of Chhattisgarh, through Police Station Bhiilai-3, District Durg, (C.G.)

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Radhakishan Agrawal




  16.02.2023         Mr. Basant Kaiwartya, counsel for appellant - Chait Ram.

                     Mr. Sudeep Verma, Dy. G.A. for the State / respondent.

Heard on I.A. No.3/2019, application for suspension of sentence

and grant of bail.

By the impugned judgment of conviction and order of sentence

dated 12.09.2018 passed by the Special Judge (NDPS), Durg in NDPS

Special Case No.11/2017, the appellant has been convicted as under:-

Conviction Sentence

Under Section 20 (ख)(ii)(ग) of R.I. for 12 years and fine of ₹ 1,00,000/-, NDPS Act in default of payment of fine additional R.I.

for two years

Under Section 27 (क) of the R.I. for 12 years and fine of ₹1,00,000/-, in NDPS Act default of payment of fine additional R.I.

for two years.

Both sentences will run concurrently.

Mr. Basant Kaiwartya, learned counsel for the appellant, submits

that the case of the appellant is identical to the case of co-accused,

Pukhraj Singh (CRA No.1634/2018), who has been extended the

privilege of bail by order of this Court dated 06.02.2019 and even

otherwise, the maximum sentence awarded to appellant - Chait Ram is

12 years and out of which he has completed 6 years in custody as he is

in jail since 09.12.2016 and the final disposal of the appeal is likely to

take time and, therefore, application may be allowed and appellant may

be released on bail.

Mr. Sudeep Verma, learned State counsel, does not contradict the

aforesaid submission made by learned counsel for the appellant that the

case of appellant - Chait Ram is not similar to the case of Pukhraj Singh

(CRA No.1634/2018).

We have heard learned counsel for the parties, considered their

submissions and also perused the record with utmost circumspection.

Considering the fact that the case of appellant - Chait Ram is

similar to the case of co-accused Pukhraj Singh (CRA No.1634/2018)

who has already been enlarged on bail by order of this Court dated

06.02.2019 and further considering the fact that the maximum sentence

awarded to appellant - Chait Ram is 12 years and out of which he has

completed 6 years in custody as he is in jail since 09.12.2016 and final

disposal of the appeal is likely to take time, we are inclined to grant bail

to the present appellant - Chait Ram. Accordingly, I.A. No.3/2019 is allowed.

The substantive jail sentence awarded to the appellant - Chait

Ram is suspended during the pendency of this appeal and he is

directed be released on bail on his furnishing a personal bond in the

sum of Rs.25,000/- along with one surety in the like sum to the

satisfaction of the concerned trial Court for his appearance before the

Registry of this Court on 5 th of April, 2023. 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 there on all such subsequent dates as are

given to him by the said Court, till the disposal of this appeal.

Certified copy as per rules.

                       Sd/-                                         Sd/-
               (Sanjay K. Agrawal)                        (Radhakishan Agrawal)
                     Judge                                       Judge




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