Jeevan Das Manikpuri vs State Of Chhattisgarh
2023 Latest Caselaw 1044 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                   CRA No.376 of 2023


    1. Jeevan Das Manikpuri S/o Late Jagdishdas Manikpuri Aged About 44 Years R/o
       Munshi Smile Ward, Bhataparam, P. S. - Bhatapara (City), District Balodabazar
       Bhatapara, (C. G.)
                                                                  ---- Appellant
                                      Versus
    1. State of Chhattisgarh Through - Police Station Bhatapara (City), District
       Balodabazar - Bhatapara, (C. G.)
                                                               ---- Respondent

17.02.2023 Shri Rahul Agrawal, Advocate for the appellant.

Shri RM Solapurkar, Govt. Advocate for the State. Admit.

Call for the records.

Also heard on I.A. No.1, which is an application for suspension of sentence and grant of bail to the appellant.

The appellant stands convicted and sentenced to undergo R.I. for

3 years with fine of Rs.15,000/- with default stipulation under Section

20(B)(ii)(b) of the NDPS Act as ordered on 24.01.2023 by the Special

Judge (NDPS Act) Baloda Bazar in Special Criminal Case No.03/2019.

The appellant was on bail during trial. Subsequent to the

impugned judgment, the Trial Court has granted 30 days interim bail to

the appellant under Section 389(1) CRPC.

The contention of the appellant is that, the appeal being of the

year 2023 there is no likelihood of an early final hearing of the appeal

and therefore the appellant may be released on bail. According to the

appellant, the quantity of contraband seized was also not too huge a

quantity. It was just about 2.7 KG. He further submits that the fine amount imposed by the Trial Court has already been deposited by the

appellant.

The State counsel however opposing the bail application submits

that since it is a conviction under the NDPS Act and that the appellant

has till now only undergone just around one month and seven days

custody period, it is not a fit case where the appellant should be released

on bail.

Having considered the entire facts and circumstances of the case,

particularly taking into consideration the maximum sentence awarded,

the quantity of contraband seized and also taking note of the fact that the

appeal being of the year, 2023, prima facie this Court is of the opinion

that it is a fit case in which substantive jail sentence imposed on the

appellant can be suspended and he can be enlarged on bail. Accordingly,

I.A. No. 1 is allowed.

It is directed that substantive jail sentence imposed on the

accused/appellant shall remain suspended during pendency of this

criminal appeal and he shall be released on bail on his furnishing a

personal bond in the sum of Rs.25,000/- with two local sureties for the

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

the concerned trial court 27.04.2023 and thereafter on all such

subsequent dates to be provided by the trial Court till final disposal of this

appeal.

List it for final hearing in due course.

Certified copy as per rules.

Sd/-

(P. Sam Koshy) Judge

Inder