Surendra Mishra vs State Of Chhattisgarh
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Chattisgarh High Court

Surendra Mishra vs State Of Chhattisgarh on 7 May, 2025

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       Digitally
       signed by
       ASHISH
ASHISH TIWARI
TIWARI Date:
       2025.05.07
       17:07:03
       +0530




                                   HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                           Order Sheet
                                                  Cr.A. No. 197 of 2005

                    Surendra Mishra, aged about 21-22 years, Profession - Labour, R/o.
                    Chakarbhata, P.S. Mungeli, District - Bilaspur (C.G.)
                                                                                          --- Appellant
                                                              Versus
                    State of Chhattisgarh Through P. S. Nagarnar, District - Bastar, Jagdalpur
                    Chhattisgarh
                                                                                        --- Respondent

07/05/2025 Shri Santosh Kumar Verma, Advocate for the appellant.

Ms. M. Asha, P.L. for the respondent/State.

In compliance of the non-bailable warrant issued by this

Court on 07/03/2025, the appellant is arrested and he is

produced before this Court through Shri Ghanshaym Singh Sahu,

Head Constable, Rakshit Kendra, Jagdalpur.

Heard on I.A.No. 01/2025, an application under section

430 of B.N.N.S., Act, 2023 for suspension of sentence and grant

of bail to appellant.

By the impugned judgment of conviction and order of

sentence dated 30.11.2004 passed by the learned Special Judge,

N.D.P.S. Act, Bastar, District - Jagdalpur (C.G.) in Special Case

No. 23/2004, the appellant has been convicted under section

20(b) (ii) of the N.D.P.S. Act and sentenced him to undergo R.I.

for 05 years and a fine of Rs. 10,000/- and in default of payment

of fine additional R.I. for 01 year.

Learned counsel for the appellant submits that after the

sentence awarded to the appellant was suspended by this Court

and he was granted bail, he was appearing before the learned

trial Court however due to miss-communication, the subsequent

dates of appearance was not known to the appellant, therefore

he could not appeared before the trial court. He submits that

therefore the substantive jail sentence imposed upon appellant

may be suspended and he may be released on bail.

State counsel opposes the application for suspension of

sentence and grant of bail.

I have heard learned counsel for the parties, considering

the fact that appellant has completed more than half of the jail

sentence out of 05 years maximum jail sentence awarded to him

and hearing of the appeal on merits will likely to take some time,

therefore, I am inclined to allow this application.

Accordingly, I.A. No. 01/2025 is allowed.

The substantive jail sentence awarded to the appellant is

suspended during the pendency of this appeal and he is directed

to release on bail on his furnishing a personal bond in the sum of

Rs.10,000/- before the Additional Registrar Judicial for his

appearance before the Registry of this Court on 30th of June,

2025 and shall continue to appear on all such subsequent dates

as are given to him by the Registry, till the disposal of this appeal.

Certified copy as per rules.

List this case on 09th May, 2025./-

Sd/-

(Sachin Singh Rajput) Judge

Ashish