Nandkishor vs State Of Chhattisgarh
2023 Latest Caselaw 589 Chatt

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                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                    CRA No. 1067 of 2022
1.   Nandkishor, S/o Arjun Singh, Aged About 34 Years, R/o 70/01, Sanjay Colony,
     Abhodia, Tehsil Sujalfar, Madhya Pradesh.
2.   Ramchandra, S/o Hajarilal Kushwaha, Aged About 35 Years, R/o Kachhi Mohalla,
     Mandi No. 20 Sujalfar, District Shajapur, Madhya Pradesh.
                                                                   ---- Appellants
                                           Versus
     State of Chhattisgarh, Through P.S. Darbha, District- Bastar (C.G.)
                                                                               ---Respondent

30.01.2023 Mr. Rajesh Jain, counsel for the appellants.

Ms. Abhyunnati Singh, Panel Lawyer for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 14.06.2022 passed by the learned Special Judge (NDPS Act), Jagdalpur, District- Bastar (C.G.) in Special Criminal Case (NDPS Act) No. 04/2018, the appellants stand convicted, as under:-

Conviction Sentence U/s 20(B)(ii)(C) of NDPS : R.I. for 10 years and fine of Rs. 1,00,000/- in Act. default of payment of fine further R.I. for one year for both the appellants.

Learned counsel for the appellants would submit that the appellants are innocent and have been falsely implicated in the case. He would further submit that there is defective compliance of Sections 42 & 57 of the NDPS Act, the appellants have suffered 5 years and 4 months i.e. more than half of jail the sentence awarded to them and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application may be allowed and the appellants may be released on bail.

Learned State counsel opposes the bail application and submitted that

there is clinching evidence against the appellant regarding commission of offence, therefore, the appellants are not entitled for grant of bail.

Considering the facts and circumstances of the case and taking into consideration the recent observation made by Hon'ble the Supreme Court vide order dated 06.10.2021 in case of Sonadhar Vs. State of Chhattisgarh and also considering the fact that the appellants have already suffered 5 years & 4 months of jail sentence which is more than half of the jail sentence awarded to them and the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellants and release them on bail.

Accordingly, the application for suspension of sentence and grant of bail is allowed and it is directed that the substantive jail sentence imposed upon the appellants shall remain suspended during pendency of this appeal and they shall be released on bail on furnishing a personal bond in sum of Rs. 25,000/- each along with two local sureties each of the like sum to the satisfaction of the concerned trial Court for their appearance before Registry of this Court on 23rd February, 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 disposal of this appeal.

List this appeal for final hearing in its chronological order.

Sd/-

(Narendra Kumar Vyas) Judge

Arun