Sumit Yadav vs Union Of India
2023 Latest Caselaw 4913 Gua

Gauhati High Court

Sumit Yadav vs Union Of India on 6 December, 2023

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010020972022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/49/2022

            SUMIT YADAV
            S/O PASUPAL YADAV, R/O SIKANDARARAO, UNDER SIKANDARARAO
            POLICE STATION DIST. HATHRAS, UTTARPRADESH



            VERSUS

            UNION OF INDIA
            REPRESENTED BY THE STANDING COUNSEL, DEPTT. OF CUSTOMS.



Advocate for the Petitioner   : MR. A K TALUKDAR

Advocate for the Respondent : SC, CUSTOMS




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 06.12.2023 Heard Mr. A.K.Talukdar, learned counsel for the applicant. Also heard Mr. S.C.Keyal, learned Standing Counsel, NCB.

The applicant filed an application under Section 389 CrPC praying for suspension of sentence against the Judgment and Order, dated 03.10.2017 passed by the learned Additional Sessions Judge No. 1, Kamrup (M) at Guwahati whereby the applicant was convicted under Page No.# 2/3

Section 20(b) (ii) (C) of the NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs, 1,00,000/- in default further S.I. for 6 months in NDPS Case No.26/2015 till final disposal of the Criminal Appeal No. 15/2018.

It is submitted by the learned counsel for the petitioner that the petitioner has completed 8 years 11 months in custody as on today. The applicant/appellant has already undergone more than 50% of the total period of sentence. It is the settled position of law that any person who has undergone 50 % of the total period of sentence is to be granted bail till final hearing and disposal of the appeal pending in any court of law. It is further submitted that as the applicant/appellant has already undergone more than 70% of his period of sentence, he is entitled to be granted bail till the appeal is finally decided. In support of his submission, learned counsel has placed reliance on the following cases:

1. (2009) 6 SCC 628 (Dinesh Kumar Sinha-vs- State of Jharkhand through CBI)

2. 2020 SCC Online Bom 5931 ( Kamal Kumar Mohanlal Motwani -vs-

State of Maharashtra)

3. 2013 SCC Online SC 1276 ( Ramnik Singh -vs- Intelligence Officer, Directorate of Revenue Intelligence )

4. 2021 SCC Online Pat 737 ( Lalkeshwar Ravidas -vs- State of Bihar)

On the other hand, learned Standing Counsel, NCB has pointed out the provision of Section 32 A of the NDPS Act by stating that no sentence awarded under this Act shall be suspended or remitted or commuted. Considering the gravity of the offence, bail cannot be granted to the applicant.

It is further submitted that the appeal be heard early for final disposal of the case. The learned Standing counsel also cited the following case laws in support of his submission;-

1. 2021 Vol 1 Crimes 158 ( Md. Khalik -vs- Union of India)

2. 2013 Supreme (SC) 225 (Budh Singh -vs- State of Haryana)

3. 2016 0 Supreme (SC) 469 (Tara Singh -vs- Union of India.

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4. 2018 0 Supreme (SC) 1202 (State of Punjab -vs- Rakesh Kumar)

In view of the aforesaid legal proposition and considering the submissions of the learned counsel for the parties, this Court is of the view that as the case is ready for hearing, the prayer made in the instant interlocutory application shall be considered along with the connected appeal.

In view of above, parties are directed to argue the matter on a date to be fixed by this Court.

List on 12.12.2023.

JUDGE

Comparing Assistant