Chattisgarh High Court
Rajesh Patel vs State Of Chhattisgarh on 14 January, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 679 of 2004
RAJESH PATEL versus STATE OF CHHATTISGARH
Order Sheet
14/01/2025
Mr. Anmol Singh, Adv. on behalf of Mr. Prakash Tiwari, learned
counsel for the appellant.
Mr. Ajay Kumar Pandey, G. A. for the State.
This appeal is arising out of judgment dated 13.05.2003 passed
by Special Judge NDPS Act, Bastar, Place- Jagdalpur in Special Case
No.05/2003, by which the appellant was convicted under Section 20(B)
(11)B of NDPS Act and sentenced to undergo RI for 5 years and six
months with fine of Rs.25,000/- in default one and half year RI.
This Court on 20.10.2004 allowed the application for
suspension sentence and releasing the appellant on bail and observed as
under:-
"Having considered the facts and circumstances of the case and
material on record, it is directed that execution of jail sentence
awarded to the appellant is suspended and he be released on
bail on his furnishing a personal bond in the sum of Rs. 10,000/-
with two sureties of the like sum to the satisfaction of the trial
court for his appearance before this Court on 20-12-2004 and
on such other dates as may be fixed by the office. The bond shall
contain photograph, crime number and the details of the
immovable and moveable properties of the appellant. Before
accepting the bond, copy of the same shall be handed over to
the prosecution. The appellant shall not repeat the offence and
shall attend all the dates of hearing. He shall also attend the
police station concerned on first Sunday of every month between
10.00 a.m. to 12.00 noon."
Record reflects that the appellant was appearing before this
Court and failed to appear on 21.01.2008 and thereafter vide its order
dated 28.07.2008 condoned the appearance of the appellant on
21.01.2008 and directed him to appear on 20.10.2008 and all other
further dates. It appears thereafter the appellant failed to appear before
the Registry of this Court and time and again non-bailable warrant was
issued against the appellant through Superintendent of Police,
Jagdalpur which was unserved on the count that the appellant is not
residing in the given address. His bail bond was also canceled.
Let a report from the concerned trial Court be called with regard
to movable property of the appellant and the details of the surety
submitted by him while granting the bail. The report from the
concerned Police Station is also called as to whether the appellant is
making his appearance or not before it in compliance of order dated
20.10.2004.
Registry and State are also directed to call for a report of the
concerned Jail Authority with regard to total detention period of the
appellant.
List this case in week commencing 27th January, 2025.
It is stated at the bar that Ms. Anjula Singh Chouhan, Advocate
has passed away.
Her name be deleted from the cause list.
Sd/-
({Sachin Singh Rajput})
JUDGE
PARUL Parul
MITTAL
