Chattisgarh High Court
Prithvi Nepali vs State Of Chhattisgarh on 25 August, 2025
1/3
Digitally signed
by BHOLA NATH
KHATAI
Date: 2025.08.26
10:55:08 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1713 of 2025
Prithvi Nepali S/o Late Rajkumar Nepali, Aged About 24 Years R/o Ward
No.2, Ganesh Chowk Pandar, Dallirajhara, P.S. Rajhara, District Balod
(CG)
... Appellant
versus
State Of Chhattisgarh Through - the Station House Officer, Police Station
- Rajhara, District - Balod (C.G.)
... Respondent
Order Sheet
25/08/2025 Mr. Shudhanshu Kumar Singh, counsel for appellant.
Mr. Pranjal Shukla, P.L. for State.
Heard on I.A. No.01/2025, application under Section
430 of BNSS, 2023 for suspension of sentence and grant of
bail.
By the impugned judgment dated 17.07.2025 passed
by learned Special Judge, NDPS, District Balod (CG) in
Special S. T. No. 94/2021, the appellant has been convicted
and sentenced as under:-
Conviction Sentence
U/s 8 read with Section R.I. for 2 years and fine of
20(b)(ii)(B) of the Narcotic Rs. 10,000/-, in default of
Drugs & Psychotropic payment of fine, additional
Substances Act, 1985 imprisonment for 6 months.
Learned counsel for appellant submits that the
appellant is innocent and he has been falsely implicated in
this case. He submits that during trial the appellant was in
custody from 18.08.2021 to 29.01.2022 i.e. for about 5
months and 12 days. He submits that the maximum
sentence imposed upon the appellant is 2 years, out of
which he has already served about 5 months & 12 days jail
sentence. During trial the appellant was granted bail and
after passing of the impugned judgment, he is on bail. He
further submits that the fine amount has already been
deposited and the appeal being of the year 2025, there is
no likelihood of its early final disposal. Therefore,
considering all these facts the jail sentence of the appellant
may be suspended till the final disposal of this appeal.
On the other hand, learned State counsel opposes
the bail application.
Heard learned counsel for the parties and perused
the record.
Considering the entire facts and circumstances of the
case, particularly the fact that the maximum sentence
imposed upon the appellant is 2 years, out of which he has
already served 5 months & 12 days jail sentence, fine
amount has been deposited and the final disposal of this
appeal is likely to take considerable time, the application for
suspension of sentence (I.A. No.01) is allowed.
It is directed that the substantive jail sentence
imposed upon the appellant shall remain suspended till final
disposal of this appeal on his executing a personal bond for
a sum of Rs. 25,000/- with one surety for the like sum to the
satisfaction of the trial Court for his appearance before the
Registry of this Court on 14th October, 2025. He shall
thereafter appear before the concerned trial Court on a date
to be given by the Registry of this Court and thereafter,
continue to appear before the trial Court on all such
subsequent dates as are given to him by the said Court till
final disposal of this appeal.
Call for the records of the trial Court.
List the case for final hearing in due course.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
