Vijay Kumar Burnwal vs The State Of Jharkhand
2021 Latest Caselaw 2914 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  I.A. No.3783 of 2021
                                        In
                        Criminal Appeal (S.J.) No.1101 of 2019
                                        ---

           Vijay Kumar Burnwal                        ...           ...      Appellant
                                      Versus
           The State of Jharkhand                     ...           ...      Respondent
                                        ---
              CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
                                        ---
           For the Appellant             : Mr. Mukesh Kumar, Adv.
           For the State                 : Mr. Ravi Prakash, A.P.P.
                                        ---

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.

---

I.A. No.3783 of 2021

04/16.08.2021: The interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail to the appellant, namely Vijay Kumar Burnwal during the pendency of the appeal.

2. The appellant has been convicted for the offence under 20(B) of Narcotic Drugs & Psychotropic Substance Act, vide judgment dated 23.08.2019 & 31.08.2019, passed by the court of learned Sessions Judge, Bokaro, in N.D.P.S. Case No. 10 of 2018 arising out of Dugda P.S. Case No.50 of 2018 corresponding to G.R. No.1243 of 2018, and he has been sentenced to undergo R.I of seven years and to pay a fine of Rs.50,000/-, in default thereof, to undergo R.I of six months.

3. It has been submitted by the learned counsel for the appellant that earlier the prayer for suspension of the sentence has been rejected vide order dated 30.06.2020 with a liberty to renew the prayer, if the appeal is not taken up for hearing by July, 2021. Further, it is stated that the recovery and seizure of 1 Kg and 120 grams of Ganja from the possession of the appellant, is less than commercial quantity.

4. On the other hand, 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 Sessions Judge, Bokaro, in N.D.P.S. Case No. 10 of 2018 arising out of Dugda P.S. Case No.50 of 2018 corresponding to G.R. No.1243 of 2018, 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.3783 of 2021 is, hereby, allowed.

7. 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/-