Dharmendra Rai vs State Of Chhattisgarh
2023 Latest Caselaw 748 Chatt

         HIGH COURT OF CHHATTISGARH, BILASPUR
                          CRA No. 187 of 2023

1. Dharmendra Rai S/o Bhagdev, Aged About 30 Years Resident Randhava,
   P.S. Rajpaker, District Baishali, Bihar.
2. Nandkishore Gupta S/o Panchanand Gupta Aged About 31 Years Resident
   Rampur, P.S. And District Vashali Bihar
                                                               ---- Appellants
                                 Versus
 State Of Chhattisgarh Through P.S. Nagarnar, District Bastar (Chhattisgarh)

                                                             ---- Respondent

06.02.2023 Ms. Aparjita Gaikwad, Advocate for the appellants.

Mr. Himanshu Sharma, Panel Lawyer for the State.

Heard on application (I.A. No. 01/2023) under Section

389(2) CrPC for suspension of sentence and grant of bail.

By the impugned judgment dated 01.12.2022 passed by

Special Judge (NDPS Act) Jagdalpur, District Bastar (CG) in

Special Criminal Trial (NDPS Act) No. 07/2017, the

appellants stand convicted and sentenced as under:-

Conviction Sentence U/s. 20 (B) (ii-C) of the RI for 10 years and fine of Rs.

                NDPS Act
                                          1,00,000/- in default of
                                            payment     of   fine   1   year
                                            additional RI

Learned counsel for the appellants would submit that

the appellants have undergone 6 years, 9 months and 25 days of imprisonment whereas maximum jail sentence

awarded to the appellants is 10 years and further the appeal

is of the year 2022, final hearing of the same will take some

time, therefore, the appellants may be enlarged on bail.

Learned State counsel while opposing the bail

application would submit that from the possession of the

appellants 120 KG contraband was seized which is more

than the commercial quantity. He would further submit that

the samples have been rightly collected after following due

procedure of law and Section 50 of the NDPS Act has been

rightly complied, therefore, they are not entitled to be

released on bail.

I have heard learned counsel for the parties and

perused the entire record carefully.

Considering the fact that the appellants have undergone

6 years, 9 months and 25 days of imprisonment whereas

maximum jail sentence awarded to them is 10 years and

further the appeal is of the year 2022, final hearing of the

same will take some time therefore, I am inclined to allow this

application.

Accordingly, the application is allowed and it is directed

that the substantive jail sentence imposed upon the

appellants shall remain suspended during the pendency of

this appeal and they shall be released on bail on each of them furnishing a personal bond in sum of Rs. 1,00,000/-

along with two local sureties each of the like sum to the

satisfaction of the concerned trial Court for their appearance

before the Registry of this Court on 22.03.2023. They shall

thereafter continue to appear before the Registry of this

Court on all such subsequent dates as are given to them by

the Registry of this Court till the disposal of this appeal.

List this case for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

deshmukh