Chhotu Kumar Mahto @ Chhotu Mahto vs The State Of Jharkhand
2022 Latest Caselaw 2991 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 388 of 2021
                                         ....

1. Chhotu Kumar Mahto @ Chhotu Mahto

2. Ranjan Mahto .... Appellants Versus The State of Jharkhand .... Respondent ....

             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellants           : Mr. A.K.Chaturvedy, Adv.
                For the State                : Mr. Ravi Prakash, Spl. P.P.
                                             ....
08/03.08.2022             I.A. No.3362 of 2022

The instant interlocutory application has been filed on behalf of the appellants for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 28.07.2021 and 29.07.2021 respectively passed by learned Sessions Judge-cum-Special Judge (N.D.P.S.), Chatra, in N.D.P.S. Case No.60 of 2018, whereby the appellants have been convicted for the offence under Sections 18 (C) of the NDPS Act and sentenced to undergo R.I. for three and half years with a fine of Rs.15,000/- and in default of payment of fine further sentenced to undergo S.I. for six months.

The appellants have been charged for cultivating the poppy plant on forest land and accordingly they have been convicted.

Learned counsel for the appellants has submitted that the appellants have already remained in custody for more than fifteen months. It has been further submitted that no recovery has been made from these appellants rather the recovery is from one of the co-accused, who is not the appellant in the present case. On above fact, prayer for suspension of sentence has been made.

Learned Spl. P.P. has opposed the prayer for suspension of sentence of the appellants.

Considering the period of custody, I am inclined to suspend the sentence and enlarge the appellants on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (N.D.P.S.) Chatra, in N.D.P.S. Case No.60 of 2018, subject to the condition that the appellant will submit self attested copy of their Aadhar Card and also give their mobile number before the learned court below, which they will not change during pendency of this case without prior permission of the court.

However, the court below before issuing the release order will satisfy itself regarding the fact that the appellants have remained in custody for more than fifteen months. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.3362 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/