Pawan Kumar Rajak @ Pawan Kumar vs Union Of India Through Narcotics ...
2022 Latest Caselaw 619 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. Appeal (DB) No. 1553 of 2017

        Pawan Kumar Rajak @ Pawan Kumar                    ---  ---  Appellant
                                           Versus
        Union of India through Narcotics Control Bureau     --- --- Respondent
                                             ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary

---

              For the Appellant         : Mr. Deepak Kumar, Advocate
             For the Respondent         : A.C. to A.S.G.I.

05/22.02.2022         Heard learned counsel for the parties on the renewed prayer for

suspension of sentence of the appellant made through I.A. No.461 of 2022.

Sole appellant stands convicted for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide impugned judgment of conviction dated 08.08.2017 passed in Special Case No.12/2015(N) by the learned court of Judicial Commissioner, Ranchi and has been sentenced to undergo R.I. for 10 years with a fine of Rs.1,00,000/- and default sentence vide impugned order of sentence dated 11.08.2017.

Prayer for suspension of sentence of this appellant was rejected on merits earlier by the Coordinate Bench of this Court vide order dated 13.02.2019 after consideration of the materials on lower court records and thereafter again on 07.07.2021 by this Bench taking note that the appellant had completed 6 years of custody only since his arrest on 27 th July 2015. Learned counsel for the appellant has renewed the prayer primarily on the ground of period of custody of about 6½ years against the sentence of 10 years. It is submitted that the appellant may also be entitled to remission for unblemished period of custody undergone. Therefore, he may be released on bail on suitable conditions.

Learned counsel for the respondent has opposed the prayer. We have considered the submissions of learned counsel for the parties and taken note of the grounds urged for release of the appellant on bail by suspending the sentence.

Since the appellant has already undergone about 6 ½ years of custody against the sentence of 10 years, we deem it proper to grant the privilege of suspension of sentence to the appellant during pendency of the appeal, however subject to deposit of the fine amount in the learned court

below. Accordingly, appellant is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Judicial Commissioner, Ranchi in connection with Special Case No. 12 of 2015(N), subject to deposit of the fine amount in the learned court below with further condition that one of the bailors shall be the deponent of this affidavit whose photo copy of the I.D. Card enclosed to the I.A. be sent to the learned trial court for necessary verification. Appellant as well as his bailors shall not change their addresses and mobile numbers, if any, without prior permission of the learned trial court. I.A. No.461/2022 stands disposed of.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Shamim/