Chattisgarh High Court
Dukhiram vs State Of Chhattisgarh on 6 February, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No. 623 of 2018
Dukhiram, S/o Masat Ram, aged about 55 years, R/o Village Baysi, P.S.
Dharamjaigarh, Dist. - Raigarh, C.G. (In Jail)
----Appellant
Versus
State of Chhattisgarh, through the Station House Officer, Police Station
- Dharamjaigarh, District Raigarh (C.G.)
---- Respondent
06.02.2023 Mr. Mirza Keshar Baig, counsel for the appellant.
Mr. Neeraj Pradhan, Panel Lawywer for the State / respondent.
Heard on I.A. No. 02/2018, which is an application under Section 389
of the Cr.P.C. for suspension of sentence and for grant of bail to the
appellant during pendency of the appeal.
By way of filing this criminal appeal, the appellant has challenged the
impugned judgment of conviction and order of sentence dated 05.12.2014
passed by Special Judge (First Upper Sessions Judge), Raigarh in Special
Case No. 10/2013, whereby he has been convicted and sentenced in the
following manner :
Conviction Sentence
Under Section 20(b)(ii)(c) of Rigorous imprisonment for 10 years with
the Narcotic Drugs and fine of Rs.1,00,000/-, in default of
Psychotropic Substances payment of fine, to further undergo
Act, 1985. rigorous imprisonment for three years.
Learned counsel appearing for the appellant would submit that the
prosecution has failed to prove its case against the appellant, as mandatory
provisions of NDPS Act has not been complied with. Sending of alleged
contraband and depositing by the said person has not been proved, as no duty
certificate has been filed and proved by the prosecution. It is further submitted
the independent and seizure witness have not supported the case of the
prosecution and have turned hostile. It is also submitted the only about 6 month
is left to be completed for jail sentence of the appellant; and similarly situated co-
accused person namely Rajendra Kumar has already been granted suspension
of remaining jail sentence vide order dated 19.02.2015 in Cr.A. No. 1309/2014,
hence, remaining jail sentence of the present appellant may also be suspended,
till disposal of the appeal.
Per contra, counsel for the respondent / State would submit that all the
mandatory provisions has been complied with while making search & seizure of
the alleged contraband article and the evidence available on record also shows
that which police officer has deposited the contraband in FSL, there is no lacking
of compliance of mandatory provisions of NDPS Act, hence, application for
suspension of sentence and for grant of bail filed by the appellant may be
dismissed.
I have heared counsel for the parties and perused the material available
on record.
Having heard learned counsel for the parties, having regard to the facts of
the case, particularly considering the fact that maximum jail sentence awarded to
the appellant is of 10 years, whereas appellant is in jail since 2.7.2013 i.e. more
than 9 years, hence, without further commenting on merits of the case, I am
inclined to suspend the sentence and released the appellant on bail.
Accordingly, I.A. No. 2/2018 is allowed.
It is directed that execution of substantive jail sentences imposed on the
appellant shall remain suspended during pendency of this appeal and he shall
be released on bail on his furnishing a personal bond in a sum of Rs.50,000/-
with one surety in the like sum to the satisfaction of the trial Court. The appellant
shall appear before the Registry of this Court on 16 th March, 2023 and
thereafter he shall appear before the trial Court on a date to be given by the
Registry on this behalf and shall continue to appear there on all such subsequent
dates as are given to him by the said Court, till disposal of the appeal. It is made
clear that fine sentence is not suspended.
List this appeal for final hearing in due course.
Sd/-
(N.K. Chandravanshi)
Judge
D/-
