Citation : 2022 Latest Caselaw 1077 Jhar
Judgement Date : 21 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 1210 of 2019
Sachidanand Deo Arya ... Appellant
Versus
State of Jharkhand ... Respondent
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE RAJESH KUMAR
For the Appellant : Mr. Nilesh Kumar, Advocate For the State : Mr. Ravi Prakash, Spl.P.P.
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Order No. 12 Dated 21st March, 2022 I.A. No. 2798 of 2021
Heard Mr. Nilesh Kumar, learned counsel appearing for the appellant
and Mr. Ravi Prakash, learned Spl.P.P. for the State.
The appellant has been convicted for the offence u/s 15(C) of the
NDPS Act and has been sentenced to undergo rigorous imprisonment for
fifteen years along with a fine of Rs. 1,00,000/.
It has been submitted by the learned counsel for the appellant that the
appellant was the cleaner of the vehicle and so far as the driver of the vehicle
is concerned, he has been granted bail by this Court in Cr. Appeal (DB) No.
1116 of 2019. Learned counsel further submits that so far as the antecedents
of the appellant is concerned, he was implicated in NDPS Case No. 01 of
2019 but vide judgment dated 07.02.2020 the learned trial court has
acquitted him from the charges levelled against him. It has further been
stated that the appellant is in custody for more than four years.
Mr. Ravi Prakash, learned Spl.P.P. has opposed the prayer for bail of
the appellant.
On consideration of the fact that the appellant does not have any
criminal antecedent and the co-convict Rahul Kumar having been granted
bail by this Court as noted above, we are inclined to grant bail to the
appellant. Accordingly, during pendency of this appeal, he is directed to be
released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand)
with two sureties of the like amount each to the satisfaction of learned trial
court [Sessions Judge-cum-Special Judge (NDPS), Chatra] in connection
with N.D.P.S. Case No. 40 of 2016/ N.D.P.S. Case No. 23 of 2017, subject to
the condition that he deposits the fine amount of Rs. 1,00,000/-.
I.A. No. 2798 of 2021 stands allowed and disposed of.
(RONGON MUKHOPADHYAY, J.)
MK (RAJESH KUMAR, J.)
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