Jharkhand High Court
Tribhuwan Prasad vs The State Of Jharkhand on 9 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.5619 of 2020
In
Criminal Appeal (S.J.) No.601 of 2020
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Tribhuwan Prasad ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Pran Pranay, Adv.
For the State : Mr. Ravi Prakash, Spl.P.P.
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The matter was taken up through Video Conferencing. Learned counsel
for the parties had no objections with it and submitted that the audio and
video qualities are good.
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I.A. No.5619 of 2020
05/09.08.2021: This interlocutory application has been filed on behalf of the
appellant under Section 389 (1) of the Code of Criminal Procedure, for
suspension of sentence and release him on bail, during pendency of the
instant appeal.
2. The appellant has been convicted for the offence under Section
20(ii)(B) of the N.D.P.S. Act instead of Section 22 of the N.D.P.S. Act
vide judgment of conviction dated 17.03.2020 and has been sentenced
vide order of sentence dated 16.04.2020 passed by the learned Special
Judge, Deoghar in N.D.P.S. Case No.01 of 2015 arising out of Jasidih
Rail P.S. Case No.08 of 2015 corresponding to R.G.R. No.13 of 2015,
whereby the appellant has been sentenced to undergo Rigorous
Imprisonment of four (04) years with fine of Rs.20,000/- for the offence
under Section 20(ii)(B) of the N.D.P.S. Act and in default of payment, to
undergo Simple Imprisonment for four months.
3. It has been submitted by the learned counsel for the appellant
that the appellant has been remained in custody for 22 months. It has
further been submitted that alleged recovery from the appellant has not
been evidenced properly. On the above facts, the prayer for bail has been
made.
4. Learned counsel for the State has opposed the prayer for bail.
5. In the attending facts and circumstances of the case and
considering the period of custody, I am inclined to suspend the sentence
of the appellant and enlarge him on bail on his furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge, Deoghar in
N.D.P.S. Case No.01 of 2015 arising out of Jasidih Rail P.S. Case No.08
of 2015 corresponding to R.G.R. No.13 of 2015, subject to the
payment of fine Rs.10,000/- in the court below. The appellant will also
submit self-attested photocopy of his Aadhar Card and also submit his
mobile number before the learned court below which he will always
keep active and will not change it during pendency of this case without
prior permission of the court.
6. In the result, I.A. No.5619 of 2020 is, hereby, allowed.
7. However, the trial court is directed to satisfy itself before
issuing the release order, "whether the appellant has served 22 months of
the sentence or not?" If the appellant has not served 22 months of the
sentence then the release order shall not be issued by the trial court and
the matter will be reported to this Court.
8. The appellant shall remain present before the Court, when the
appeal is taken up for hearing, failing which his bail shall be cancelled.
(Rajesh Kumar, J.)
Amar/-
