Jharkhand High Court
Budhan Dangi vs The State Of Jharkhand on 25 April, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 627 of 2022
------
Budhan Dangi ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
--------
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
--------
For the Appellant : Mr. Lalan Kr. Singh, Advocate
For the Respondent : Mr. Ravi Prakash, Spl.P.P.
--------
Order No. 06: Dated: 25 April, 2023
th
Learned counsels for the parties are present.
I.A. No. 10323 of 2022
The instant interlocutory application has been filed by the
appellant with a prayer to enlarge him on bail during the pendency
of the present appeal which has been preferred against the judgment
of conviction dated 30.07.2022 and order of sentence dated
02.08.2022 passed by learned Addl. Sessions Judge-VII, Hazaribag in
G.R. No. 2561 of 2013 arising out of Barhi P.S./ Case No. 223 of 2013
whereby and whereunder the said learned Sessions Judge, -VII,
Hazaribag has held the accused appellant guilty u/s 20(b) NDPS
Act and accordingly convicted him to undergo RI for 5 years and a
fine of Rs. 50,000/- for the offence punishable u/s 20(b) of NDPS Act
and in default of payment of fine he has been further sentenced to
undergo RI for 6 months. The convict was also directed to execute a
personal bond of Rs. 50,000/- in terms of section 34 of the Act of
abstaining himself from commission of any offence under this Act
for a term of three years.
It is submitted on behalf of the appellant that he has been
charged that he was caught in the bus along with ganja measuring
2.7 kgs. It has further been pointed out that the alleged contraband
weighing 2.7 kg of ganja which comes within the category of
intermediary quantity between the small quantity and commercial
quantity and this appellant has been in jail for about more than 1
year.
Further, it has been pointed that one supplementary affidavit
has been filed on behalf of the appellant submitting therein that this
appellant Budhan Dangi has been suffering from the throat cancer
and he was going under treatment in the RIMS, Ranchi under the
judicial custody. It has also been pointed out that several medical
prescriptions have been annexed along with the supplementary
affidavit in order to show his ailment is at advanced stage and
constantly he is in need of medical supervision and examination and
this appeal is not likely to be heard in near future. Further, it is
submitted that the appellant is also ready to pay 1/3rd part of fine
amount awarded i.e. around Rs. 17,000/- and therefore, the
appellant may be enlarged on bail.
On the other hand, learned Spl.P.P. for the State opposed the
contentions raised on behalf of the appellant and submitted that the
appellant was caught red handed with intermediary quantity of 2.7
kgs of ganja and therefore he does not deserve to be enlarged on
bail.
Having heard the learned counsel for the parties, perused the
record of this case.
In view of the arguments advanced on behalf of the appellant,
it is found just and proper to enlarge the appellant on bail.
Accordingly, the appellant is directed to be enlarged on bail during
the pending of this appeal by furnishing bail bond of Rs. 25,000/-
(Rupees Twenty Five Thousands) only with two sureties like
amount each to the satisfaction of the learned Additional Sessions
Judge-VII, Hazaribagh in connection with Barhi P.S. Case No.
223/2013 corresponding to G.R. Case No. 2561 of 2013 subject to the
conditions as laid down u/s 439 Cr.P.C. and further subject to the
condition that the appellant will pay the 1/3rd of the awarded fine
amount i.e. comes to Rs. 17,000/- (Rupees Seventeen Thousands
Only) in the Government Exchequer without being prejudice to his
right of defense.
Accordingly, I.A. No. 10323 of 2022 gets allowed.
(Navneet Kumar, J.)
MM
