Lalan Prasad @ Praveen vs The State Of Jharkhand
2021 Latest Caselaw 1106 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 3925 of 2020
                         in
                   Cr. Appeal (S.J.) No. 394 of 2020
                         ...

Lalan Prasad @ Praveen .... 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.P.P.

...

I.A. No. 3925 of 2020 ...

05/04.03.2021

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 29.05.2020,

passed by the court of the learned Sessions Judge-cum-Special Judge,

N.D.P.S., Latehar in N.D.P.S. Case No. 14 of 2017, whereby the

appellant has been found guilty and convicted for the offence under

Section 18 (c) of the Narcotic Drugs & Psychotropic Substance Act,

1985 and sentenced to undergo rigorous imprisonment of 6 years and

a fine of Rs.40,000/- in default, thereof, to suffer simple imprisonment

of 1 year.

3. Heard the learned counsel for the appellant and the objection

raised by the learned Sp.P.P.

It appears that 2 k.g. of opium was recovered from the possession

of the appellant. He has remained in custody for approximately 4 years

out of the imposed sentence of 6 years.

Thus considering the period of custody, the appellant 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 Sessions

Judge-cum-Special Judge, N.D.P.S., Latehar in connection with

N.D.P.S. Case No. 14 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. 3925 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK