Jharkhand High Court
Mintu Kumar vs The State Of Jharkhand on 25 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 410 of 2021
Mintu Kumar, aged about 25 years, Son of Lallu Prasad, Resident of
Village- Herhanj, P.O. and P.S.- Herhanj, District-Latehar
--- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Abhay Kumar Chaturvedy, Advocate
For the State : Mr. Satish Prasad, A.P.P.
Order No.07/ Dated 25th August, 2023
I.A. No. 3425 of 2023
The instant interlocutory application has been filed under Section
389(1) of the Code of Criminal Procedure for suspension of sentence of
the appellant in connection with the judgment dated 01.09.2021 and
order of sentence dated 04.09.2021 passed in N.D.P.S. Case No. 08 of
2017 arising out of Herhanj P.S. Case No. 07 of 2017 by the Court of
learned Additional Sessions Judge-III, Latehar whereby and where under
the appellant has been convicted for the offence punishable under
Section 18 of the NDPS Act and has been sentenced to undergo R.I. for
12 years with a fine of Rs.1,00,000/- and a default sentence.
2. Mr. A.K. Chaturvedy, learned counsel for the appellant has
submitted by referring to the order dated 12.09.2022 passed in I.A. No.
5783 of 2022, whereby and where under the said interlocutory
application was withdrawn with a liberty to the appellant to move for
grant of bail on completion of half of the sentence, the said permission
was accorded and therefore, instant interlocutory application has been
filed since the appellant has already under gone more than half of the
sentence of 12 years, as awarded by the learned court. According to
learned counsel for the appellant the appellant is languishing in custody
since 01.03.2017 and hence, since he has already undergone more than
half of the sentence and also since there is no likelihood of this appeal to
be taken up in the near future, therefore, sentence may be suspended.
3. Mr. Satish Prasad, learned A.P.P. appearing for the State of
Jharkhand has not disputed the fact about the period of custody, rather,
he is having with the custody report, which is in support of the
submission of learned counsel for the appellant regarding completion of
more than half of the custody.
5. We have heard learned counsel for the parties and taken into
consideration the judgment rendered by the Hon'ble Apex Court in the
case of Saudan Singh Vrs. State of Uttar Pradesh ( Special Leave to
Appeal (Crl.) No. 4633 of 2021) wherein the Hon'ble Apex Court has
been pleased to observe that if the appellant has completed half of
custody and there is no likelihood of the appeal to be taken up, the
concerned appellant is to be released while keeping the sentence in
abeyance.
6. Taking into consideration the aforesaid fact and observation of the
Hon'ble Apex Court and also the fact that appellant is languishing in
judicial custody since 01.03.2017, which is more than half of the
sentence against the maximum sentence of 12 years inflicted against
him, we are inclined to suspend the sentence on the aforesaid ground.
7. Accordingly, the appellant, above named, is directed to be
released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Session Judge-III, Latehar in
connection with N.D.P.S. Case No. 08 of 2017 arising out of Herhang
P.S. Case No. 07 of 2017 subject to the condition that appellant will
report to the local police station on the first Monday of every month.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
A.Mohanty
