Ravindra Patel vs The State Of Jharkhand
2021 Latest Caselaw 2342 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.2945 of 2021
                           In
             Cr. Appeal (S.J.) No.243 of 2020

     Ravindra Patel                            ......       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. S. K. Pandey, Advocate 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 objection with it and submitted that the audio and video qualities are good.

07/Dated: 14th July, 2021 I.A. No.2945 of 2021

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 03.02.2020 and order of sentence dated 07.02.2020, passed by the court of learned Sessions Judge

-cum- Special Judge, Garhwa, in N.D.P.S Case No.01 of 2018, whereby the appellant has been convicted for the offence under Section 22(B) of the Narcotic Drugs and Psychotropic Substances Act, and sentenced to undergo rigorous imprisonment of four years and to pay a fine of Rs.40,000/-, in default thereof, to suffer simple imprisonment of four months.

3. Heard learned counsel for the appellant and learned Special P.P.

4. Earlier the prayer for suspension of sentence of the appellant has been rejected vide order dated 06.01.2021, wherein in para - 4 of the order, liberty was given to the appellant, which reads as under :-

"4. If the appeal is not taken up for hearing by June, 2021, the appellant is at liberty to renew his prayer for bail."

5. In view of the above observation and considering the fact that there is no likelihood of hearing of the appeal in the

near future, I am inclined to suspend the sentence and enlarge the appellant 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 Sessions Judge -cum- Special Judge, Garhwa, in connection with N.D.P.S Case No.01 of 2018, subject to the condition that the appellant shall deposit Rs.20,000/- (Twenty thousand), part of the fine amount, in the court below.

6. The appellant shall remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

7. I.A. No.2945 of 2021 stands allowed.

(Rajesh Kumar, J.) Chandan/-