Jharkhand High Court
Suraj Singh @ Panda vs The State Of Jharkhand on 27 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1780 of 2017
Suraj Singh @ Panda ....Appellant
Versus
The State of Jharkhand ... Respondent
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
For the Appellant : Mr. B.M. Tripathi, Sr. Advocate
Mrs. Nutan Kumari Sharma, Advocate
For the State : Mr. Ravi Prakash, A.P.P.
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12/27.06.2022 Heard learned senior counsel for the appellant, Mr. B.M.Tripathi
and Mr. Ravi Prakash, learned Additional Public Prosecutor for the State on the
renewed prayer for suspension of sentence made by this appellant through I.A.
No. 4901 of 2022.
Sole appellant stands convicted for the offence punishable under
Section 22(c) of NDPS Act by the impugned judgment dated 31.08.2017 passed
in N.D.P.S. Case No. 14/2010/T.R. No. 9/2016 by the court of learned
Additional Judicial Commissioner-XIII, Ranchi and has been sentenced to
undergo R.I for 10 years with a fine of Rs. 01 Lakh and default sentence, by the
impugned order of sentence of the same date.
The prayer for suspension of sentence of this appellant has been
renewed primarily on two grounds (i) the period of custody of about 5 years and
3 months as per the description given at Para-3 of I.A (ii) on health grounds
since State Medical Board has recommended him for treatment at higher centre
at AIMS, New Delhi for Kidney transplantation. Treatment papers are also
annexed to I.A. Learned counsel for the appellant submits that quantity of
heroine seized by him was about 8 Mg. in total, whereas commercial quantity is
about 250 Mg. Appellant does not have any criminal antecedent as has also
been taken note of in the order of sentence. Therefore, appellant may be
enlarged on bail by suspending the sentence.
Learned Additional Public Prosecutor has opposed the prayer. He
submits that the prayer for suspension of sentence of the appellant was rejected
on more than one occasion after considering the materials on record.
Having considered the submission of learned counsel for the
parties and taking into account the medical condition of the appellant as also
that he has served 5 years 3 months of custody against the sentence of 10 years
imposed upon him, we are inclined to enlarge the appellant on bail by
suspending the sentence. Accordingly, appellant, above-named, shall be
released on bail, during pendency of this appeal on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to
the satisfaction of learned Additional Judicial Commissioner-XIII, Ranchi in
connection with N.D.P.S. Case No. 14/2010/T.R.No. 9/2016, if not wanted in
any other case, subject to the condition that one of the bailors shall be the
deponent of the affidavit namely, Asarfi Singh, S/o Late Sarabjit Singh, R/o
Govind Nagar, Kathitand, P.O- Ratu, District- Ranchi, whose photocopy of
U.I.D Card enclosed to the I.A be sent to learned Trial Court for verification at
the time of his release. Other bailor shall be the family member/close relative of
the appellant. Appellant and his bailors shall not change their mobile number or
address without permission of trial court and shall also submit their Aadhar
Card at the time of his release.
The instant I.A stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
jk/
