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Judgment
Heard on I.A. Nos. 01/2021 (in both the cases) repeat bail applications for suspension of sentence and grant of bail to the appellants.
The Appellants have been convicted by the judgment dated 29/08/2017, passed in Special Criminal case No. 06/2016 by the Special Judge (NDPS
Act), Balod, District Balod (C.G.) for offence punishable under section 8/20(b) of the Narcotic Psychotropic Substances Act and have been awarded
R.I. for 10- 10 years each with fine of Rs.1,00,000/- and in default of payment of fine, to undergo additional R.I. for 3 months.
Learned Counsel for appellant Santuram Ram in Cr.A No. 1813/2017 submits that the appellant is in jail since 01/06/2016, thereby he has completed
more than half of the jail sentence and hearing of the appeal may take some time, therefore appellant may be released on bail.
Learned counsel for appellant Nasir Ahmed in Cr.A No. 1872/2017 submits that the appellant is in jail since 07/06/2016, thereby he has completed
more than half of the jail sentence and hearing of the appeal may take some time, therefore appellant may be released on bail.
Learned State Counsel opposes the bail applications, however, he does not dispute the fact that appellants have suffered more than half of the jail
sentence.
Considering the fact that the appellants of both the cases have suffered more than half of the jail sentence and hearing of the appeal will take some
time, therefore I am inclined to release the appellants on bail.
Accordingly, I.A. Nos.01/2021 (in both the cases) repeat bail applications for suspension of sentence and grant of bail are allowed.
Execution of further substantive jail sentence & fine imposed on the appellants (in both the cases) shall remain suspended during the pendency of this
appeal and they are directed to be released on bail on each of them executing personal bond for a sum Rs.25,000/- with one surety each for the like
sum to the satisfaction of the trial court for their appearance before the Registry of this Court on 24/08/2021. They shall thereafter appear before the
trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to them by
the said Court, till the disposal of this appeal.
The fine sentence imposed upon the appellants are suspended. It is made clear that this will not be treated as precedent in any other case.