Jharkhand High Court
Mukesh Sao @ Mukesh Kumar Saw vs The State Of Jharkhand on 13 April, 2023
1 Cr. Appeal (SJ) No. 55 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 55 of 2023
------
Mukesh Sao @ Mukesh Kumar Saw ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
--------
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
--------
For the Appellant : Mr. Abhay Kr. Chaturvedy, Advocate
For the State : Mr. Sanat Kr. Jha, Addl.P.P.
--------
Order No. 03: Dated: 13 April, 2023
th
Heard the learned counsels appearing on behalf of the parties.
I.A. No. 1651 of 2023
The instant interlocutory application has been filed with a
prayer to enlarge the appellant on bail during the pending of this
appeal which has been preferred against the judgment of conviction
dated 09.01.2023 and order of sentence dated 11.01.2023 passed by
learned Sessions Judge cum Special Judge, NDPS cases Chatra in
N.D.P.S. Case No. 184 of 2021 whereunder the appellant was held
guilty u/s 15 of NDPS Act and sentenced to undergo rigorous
imprisonment for three years and six months and also to pay fine of
Rs. 10,000/- and in default of payment of fine he shall further
directed to undergo simple imprisonment for six months
alternatively and it is also directed that the period undergone
during trial would be set off.
Learned counsel for the appellant submitted that there is a
major discrepancy in the weight of the contraband alleged to have
been recovered from the possession of the appellant in view of the
categorical deposition of P.W. 7 vide para 20 where P.W. 7 stated
that altogether four packets were recovered and each of the packet
weighing 20 kg of doda mixed poppy straw has been recovered.
Further it has been pointed out that the place where the alleged
contraband has been recovered was village Bhalwahi in Paratapur
2 Cr. Appeal (SJ) No. 55 of 2023
Police Station of District Chatra but P.W. 7 is the I.O. of this case has
stated in para 40 that whether the place of occurrence (where the
alleged contraband was recovered) was belonging to Mukesh Sao or
not has not been substantiated by any one of the witnesses and
therefore the place of occurrence (from where the alleged
contraband has been recovered) has not been proved that it was
belonging to the appellant and therefore the entire allegation against
the appellant has not been corroborated. Further the learned counsel
appearing for the appellant pointed out that the deposition of P.W.
5, who is the I.O. of this case has stated that during the course of the
investigation he had not recorded statement of any villager with
respect to the determination of place of occurrence belonging to the
Mukesh Sao and as such the place of occurrence has not been duly
proved by I.O. Further, it has also been pointed out that P.W. 5 is the
I.O. of this case and vide para 16 stated that Chowkidar and
Mukhiya did not disclose that the house form where the seizure of
the contraband was alleged to have been recovered was belonging
to the appellant Mukesh Sao and the house of the appellant is in
Yogiyara village which is situated 500 mtrs. away from the place of
occurrence and there was no iota of evidence found from the house
(place of occurrence) of Balwahi village that the same was belonging
to the appellant. Further, it has also been pointed out that the
appellant has remained in jail from 01.05.2021 and as such the
appellant is in custody about 2 years and the maximum period of
sentence awarded by the learned court below is 3 and ½ years and
thus more than half of the sentence has been served by the appellant
and this appeal is not likely to be heard in near future.
On the other hand, the learned Addl.P.P. opposed the
contentions raised on behalf of the appellant.
Having heard the parties, perused the record of this case.
3 Cr. Appeal (SJ) No. 55 of 2023
In view of the submissions advanced on behalf of the
appellant, this appellant is directed to be enlarged on bail on
furnishing bail bond of Rs. 25,000/- (Rupees Twenty Thousands
only) with two sureties of the like amount each, to the satisfaction of
learned Sessions Judge cum Special Judge, NDPS cases Chatra in
N.D.P.S. Case No. 184 of 2021 subject to the conditions as set out in
u/s 439 of Cr.P.C. and also subject to further conditions that the
accused-appellant will deposit the entire fine amount as awarded by
the learned court below and the appellant is directed to deposit the
money receipt before this court positively thereafter.
Accordingly, I.A. No. 1651 of 2023 gets disposed of.
(Navneet Kumar, J.)
MM
