Gopal Bhandari vs The State Of Jharkhand
2022 Latest Caselaw 5029 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.9464 of 2022
                           In
             Cr. Appeal (S.J.) No.670 of 2022

     Gopal Bhandari                          ......         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. A. K. Choudhary, Advocate For the State : Mr. Ravi Prakash, Spl.P.P.

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               th
05/Dated: 12        December, 2022
I.A. No.9464 of 2022

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 present appeal has been preferred against the judgment of conviction dated 30.08.2022 and order of sentence dated 31.08.2022, passed by the court of learned Special Judge, Deoghar, in N.D.P.S Case No.05 of 2020, arising out of Khaga P.S. Case No.37 of 2020, whereby the appellant has been convicted for the offence under Section 29 of the N.D.P.S Act and sentenced to undergo rigorous imprisonment of seven years along with fine and default clause.

It appears that the appellant along with his son have been charged for the offence under Sections 20(b) (ii) B read with Section 29 of the N.D.P.S Act. The son has been convicted for the offence under Section 20(b) (ii) B of the N.D.P.S Act and the present appellant has been convicted for the offence under Section 29 of the N.D.P.S Act.

3. It has been argued by the learned counsel for the appellant that merely on the basis of suspicion he has been made accused. The court below has given the reasoning that since he is the father and was sharing the same house in question and as such the conspiracy cannot be ruled out. It has further been submitted that he was all along on bail during the trial. On the above basis, suspension of sentence and grant of ad-interim bail to the appellant has been prayed.

4. On the other hand, learned counsel for the State has opposed the prayer for suspension of sentence and it has been submitted that since the present appellant and his son were residing in the same house hence conspiracy cannot be ruled out.

5. Considering the materials available on record and the fact that the appellant was all along on bail during trial, 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 Special Judge, Deoghar, in N.D.P.S Case No.05 of 2020, arising out of Khaga P.S. Case No.37 of 2020 , subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. I.A. No.9464 of 2022 stands disposed of.

Cr. Appeal (S.J.) No.670 of 2022

1. This appeal is admitted.

2. This appeal will be heard along with Cr. Appeal (S.J.) No.672 of 2022.

(Rajesh Kumar, J.) Chandan/-