Jharkhand High Court
Md. Salman vs The State Of Jharkhand on 16 December, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 758 of 2017
Md. Salman ... ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Lukesh Kumar, Advocate
For the respondent : None
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7/16.12.2021 Heard Mr. Lukesh Kumar, learned counsel for the appellant
on the prayer for suspension of sentence made through I.A. No.
6653 of 2021.
2. This appellant along with Md. Seraj and Md. Khalid were
convicted for the charges under Sections 21 of the N.D.P.S. Act by
the impugned judgment of conviction dated 09.3.2017 passed by
learned Additional Sessions Judge-V, Chatra, in N.D.P.S. Case No.
16 of 2013 and all the convicts have been sentenced to undergo
R.I. for 10 years with fine of Rs. 1,00,000/- each and default
sentence vide impugned order of sentence dated 17.03.2017.
3. Learned counsel for the appellant submits that the person
from whose possession half kg. of brown sugar was recovered Md.
Seraj @ Md. Seraj has been enlarged on bail by a co-ordinate
Bench of this court vide order dated 07.12.2021 passed in Cr.
Appeal (DB) No. 621 of 2017 also taking into account the period
of custody of 7 years undergone by him. It is submitted that the
FSL report has been admitted with objection as no prosecution
witness was examined to adduce it. P.W. 3 and P.W. 8 are seizure
list witnesses who have not supported the recovery of seizure. It is
further submitted that the appellant has remained in custody for
about 5 years and 9 months i.e. 11 months during trial and since
the date of conviction i.e. 09.03.2017. As such, he may be enlarged
on bail by suspending his sentence.
4. We have considered the submission of learned counsel for
the appellant, taken note of the materials relied upon by them from
the lower court records including the period of custody undergone
by the appellant and also the order granting bail to the co-convict
Md. Seraj by a co-ordinate Bench of this court. Having regard to
the totality of the facts and circumstances and the fact that co-
convict from whose possession, half kg of brown sugar was
recovered has been enlarged on bail by a co-ordinate Bench of this
court and the appellant has also remained in custody for about 5
years and 9 months, we are inclined to enlarge him on bail.
Accordingly, the appellant, named above, during the pendency of
this appeal, shall be enlarged on bail on furnishing bail bonds of
Rs. 10,000/- (Rupess Ten thousand) with two sureties of the like
amount each, to the satisfaction of learned Additional Sessions
Judge-V, Chatra, in connection with N.D.P.S. Case No. 16 of 2013
with the conditions that appellant and his bailors shall not change
their address or mobile number without permission of the learned
trial court and that one of the bailors would be father of the
appellant and the other should be a local resident of the State of
Jharkhand.
5. I.A. No. 6653 of 2021 stands disposed of.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
Binit/
