Citation : 2025 Latest Caselaw 593 Chatt
Judgement Date : 9 June, 2025
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1727 of 2024
Malinder Singh S/o Late Chhatrapal Aged About 30 Years R/o Near Gurudwara,
Sarswati Nagar, Raipur, District- Raipur, Chhattisgarh.
... Appellant
versus
State Of Chhattisgarh Through Sarswati Nagar, Raipur, District- Raipur,
Chhattisgarh.
---- Respondent
09.06.2025 Ms. Kiran Jain, counsel for the Appellant.
Ms. Upasana Mehta, learned Dy, G.A. for the State/Respondent.
Heard on I.A. No.02/2025, application for suspension of sentence and grant of bail.
This is the second bail application, earlier bail application was rejected on merits on 06.02.2025.
Digitally signed by JYOTI JHA Date:
2025.06.10 10:22:23 +0530
By the impugned judgment dated 03.09.2024 passed in Special Criminal Case (N.D.P.S.) No.107/2024 by the Special Judge (NDPS Act), Raipur, District Raipur (C.G.), the appellant stands convicted and sentenced as mentioned below:
Conviction Sentence In Default
Under Section 20(C) RI for 10 years and In default of of the NDPS Act, fine amount of payment of fine 1985 Rs.1,00,000/- amount RI for 02 years
Learned counsel for the appellant submits that the appellant has been wrongly convicted by the trial Court in the judgment without there being any sufficient and clinching evidence available on record. She further submits that there is no direct evidence brought by the prosecution to connect the appellant in the alleged crime. The appellant is in jail since 27.11.2023 and appeal is likely to take some more time to be finalized. Hence, it is prayed that I.A. No.01/2024 may be allowed.
On the other hand, learned counsel for the respondent/State opposes the argument advanced by the learned counsel for the appellant.
I have heard learned counsel appearing for the parties and perused the judgment passed by the learned trial Court and other
material available on record with utmost circumspection.
Considering the facts and circumstances of the case and considering the fact that earlier bail application for suspension of sentence and grant of bail was rejected on merits, I do not find any change of circumstances to reconsider this repeat application for suspension of sentence and grant of bail and to release the appellant on bail.
Accordingly, I.A. No.02/2025 is rejected.
List this case for final hearing on 24.06.2025.
Sd/-
(Arvind Kumar Verma) Judge
Jyoti
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