Mahendra Yadav vs The State Of Jharkhand
2021 Latest Caselaw 752 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             I.A. No. 4086 of 2020
                          in
             Cr. Appeal (S.J.) No. 426 of 2020
                          ...

Mahendra Yadav                        ....        Appellant
                   -V e r s u s-
The State of Jharkhand                      ..... Respondent
                          ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                         ...

For the Appellant : Mr. Abhay Kumar Chaturvedy, Advocate. For the State : Mr. Ravi Prakash, Sp.PP.

...

I.A. No. 4086 of 2020 ...

06/17.02.2021

1. This 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, during the pendency of the appeal.

2. The appeal is directed against the judgment dated 30.05.2020, passed by the court of learned Additional Sessions Judge-IV, Chatra in N.D.P.S. Case No. 57 of 2017 arising out of Lawalong P.S. Case No.38 of 2017, whereby the appellant was found guilty and convicted for the offence under Section 15 (b) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and sentenced to undergo rigorous imprisonment of 4 years and a fine of Rs.50,000/- in default, thereof, to suffer simple imprisonment of 6 months.

3. Heard the learned counsel for the appellant and learned Sp.P.P. As per the materials on record and the allegation in the F.I.R., it is stated that 15 k.g. poppy straw (Doda) was found in the sack being carried on motorcycle of this appellant, who had fled away on seeing the police personnel. The police personnel, who have been examined as witnesses, have proved the seizure list and as per the Exhibit-5-the FSL report, morphine was detected in the sample contained in material exhibit marked 'A'.

On perusal of the impugned judgment, it appears that the appellant does not have any criminal antecedent in connection with offence under the N.D.P.S. Act. He is in custody since 23.01.2018. Thus, considering the fact, that the appellant has remained in custody for more than 3 years out of the imposed sentence of 4 years, he is directed to be enlarged on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Chatra in connection with N.D.P.S. Case No. 57 of 2017 (Lawalong P.S. Case No.38 of 2017) on the condition that he shall deposit Rs.25,000/- as part of the fine amount in the court below.

4. In the result, I.A. No. 4086 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK