Citation : 2025 Latest Caselaw 2041 Chatt
Judgement Date : 20 February, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 286 of 2025
1 - Gajan @ Gajendra Singh S/o Late Dalbeer Singh Aged About 52 Years R/o
Gumanpur, Gurdaspur, Punjab, Present R/o Tedesara, Khalsa Dhaba, Police Station And
District - Rajnandgaon Chhattisgarh
... Appellant
versus
1 - State Of Chhattisgarh Through The District Magistrate, Raipur, District - Raipur
Chhattisgarh
... Respondent(s)
Order Sheet
20/02/2025 Mr. Wasim Miyan, Counsel for the appellant.
Mrs. Pragya Shrivastava, Dy. G.A. for the State. Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail.
By the impugned judgment of conviction and sentence dated 09.01.2025 passed in Special Criminal Case No. 147/2024 by the learned Special Judge (NDPS Act), Raipur, District- Raipur (C.G.) whereby convicted the appellant as under:
Conviction Sentence U/s 18(C) of NDPS Act RI for 5 years and fine of Rs. 25,000/-, in default of fine RI for 6 months.
Learned Counsel for the Applicant contended that the applicant has prima facie good case in his favor and he is hopeful to succeed on it. The applicant was on bail during trial. The disposal of this Criminal Revision is likely to take long time. The applicant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the applicant.
Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him with the crime and chain of circumstances are fully linked and completed with each other.
I have heard learned Counsel for the parties and perused the record with utmost circumspection.
Considering the facts & circumstances of the
case, nature & gravity of the offence, material available in the case, I am of the opinion that present is not a fit case to suspend the jail sentence imposed upon the appellant.
Accordingly, I.A. No. 01/2025 stands rejected. Call for the records from the concerned Trial Court.
List this case along with CRA No. 185 of 2025 for final hearing in the April, 2025.
Sd/-
(Arvind Kumar Verma) Judge
Madhurima
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