Mamta Rakshit vs The State Of Jharkhand
2023 Latest Caselaw 2666 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (S.J.) No. 585 of 2022
        Mamta Rakshit                            .... ...Appellant
                               Versus
        The State of Jharkhand                   .... ...Respondent
                             --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant : Mr. Shailesh Kumar Sinha, Advocate For the State : Mr. Ravi Prakash, Spl.P.P.

--------

08/ 07.08.2023 Defects as indicated by the Office, on the prayer of

the learned Counsel for the appellant, are hereby ignored.

This Cr. Appeal has been preferred on behalf of the

appellant against the order dated 08.07.2022 passed by the

Special Judge, C.A.W., Hazaribagh arising out of Sadar P.S.

Case No. 414 of 2015 whereby the appellant was convicted for

the offence under Section 20 of N.D.P.S. Act and was directed

to undergo rigorous imprisonment for six months and fine of

Rs.1,000/-. In default of payment of fine further 15 days

additional imprisonment was directed to be served.

Admit.

Record of learned lower court be called for.

List for hearing as per seriatum.

I.A. No. 6453 of 2023

The instant interlocutory Application is on behalf of

the appellant under Section 389(1) of the Code of Criminal

Procedure for suspension of sentence and also to release the

appellant on bail during the pendency of this Cr. Appeal.

From perusal of the impugned Judgment of

conviction and sentence, it is found that the court-below has

sentenced the appellant for six months for the offence under

Section 20 of N.D.P.S. Act.

In view of the nature of offence and also the

punishment inflicted by the court-below this I.A. is allowed. The

sentence passed by the court-below is kept in abeyance during

the pendency of this Cr. Appeal.

In consequence thereof, the appellant is directed to

be released on bail on furnishing bail bond of Rs.20,000/-

(Rupees Twenty Thousand) with two sureties of like amount

each to the satisfaction of the Addl. Sessions Judge-VI cum Spl.

Judge, C.A.W., Hazaribag in connection with Sadar P.S. Case

No. 414 of 2015.

In view thereof, I.A.No.6453 of 2023 stands disposed

of.

(Subhash Chand, J.) P.K.S.