Hazrat Gaud @ Hazarat Gonrh vs The State Of Jharkhand
2023 Latest Caselaw 3211 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (SJ) No. 167 of 2023

Hazrat Gaud @ Hazarat Gonrh                                               ... Appellant
                                        -Versus-
The State of Jharkhand                       ...                            ... Opposite Party

      CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

            For the Appellant :- Mr. Sudhir Kumar, Advocate
            For the State     :- Mr. Praful Jojo, APP
                                    ...

08/28.08.2023: IA No. 3052 of 2023 Heard the learned counsel for the appellant as well as the learned counsel for the State on the interlocutory application filed by the appellant for suspension of sentence during the pendency of this criminal appeal.

This criminal appeal was directed against the judgment of conviction dated 30.01.2023 and the order of sentence dated 31.01.2023, passed by the learned Additional Sessions Judge-VI-cum-Special Judge, NDPS Act, Palamau at Daltonganj, arising out of Lesliganj PS Case No. 58 of 2017, whereby and whereunder, the appellant has been convicted under section 20 of the NDPS Act and sentenced to undergo 7 years RI and fine of Rs.25,000/- and in default of fine, further sentenced to undergo 6 months SI.

The learned counsel for the appellant has submitted that the learned court-below has failed to appreciate that there is no measurement of recovered substance then how the prosecution is claiming that the recovered ganja was carrying the weight of 2 Kg. The learned counsel has further submitted that the recovery was made on 1:00 p.m. and the prosecution says that there is no independent witness was present for preparation of seizure although the place of occurrence is densely populated area and both the seizure witnesses are police personnel. The learned counsel has further submitted that the petitioner is in custody since 16.05.2017 and he has served about 6 years of the sentence out of 7 years, therefore, few months are left to be served.

Learned counsel for the State has opposed this interlocutory application for suspension of sentence, during the pendency of this criminal appeal.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties, also considering the period of custody already spent by the appellant and in the facts and circumstances, present petitioner, named above, is ordered to be released on bail, during pendency of this criminal appeal, on executing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum- Special Judge, NDPS Act, Palamau at Daltonganj, in connection with NDPS Case No. 23 of 2017, subject to the conditions that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court.

Accordingly, IA No. 3052 of 2023 stands disposed of.

S.B.                                                   (Ratnaker Bhengra, J.)