Hazibul Sk vs The State Of Jharkhand
2023 Latest Caselaw 931 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Revision No. 81 of 2023
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   Hazibul Sk.                             ...      ...  Petitioner
                                Versus
   The State of Jharkhand                  ...      ...    Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Yasir Arafat, Advocate For the State : Mr. Ravi Prakash, Spl.P.P.

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Order No. 02: Dated: 27 February, 2023 th

Heard the learned counsels for the parties. This appeal is directed against the judgment of conviction and sentence dated 27.01.2023 passed by learned Principal Judge-Cum- Special Judge, N.D.P.S, Pakur in Pakur Muffasil Case No.145/2019 corresponding to N.D.P.S. Case No. 01/2020 whereby and where under the learned Sessions Judge has held the appellant guilty and sentenced them to undergo RI for a period of One (01) year and to pay fine Rs. 5000/- for offence u/s 21 (a) of the Narcotic Drugs and Psychotropic Act 1985, and in default of payment of fine, he shall further undergo S.I. for three (03) months, and he is further sentenced to undergo R.I. for a period of one (01) year and to pay fine of Rs. 5000/- for offence u/s 22 (a) of Narcotic Drugs and Psychotropic Act, 1985 and in default of payment of fine he shall further undergo S.I. for three (03) months and he is further sentenced to undergo R.I for a period of one (01) year and to pay fine of Rs. 5,000/- for offence u/s 23 (a) of Narcotic Drugs and Psychotropic Act, 1985 and in default of payment of fine he shall and fuller further undergo SI for three (03) months and further all the sentences were directed to run concurrently the learned court below further directed that the period the period already undergone shall be set off in accordance with law.

I.A. No. 1611 of 2023 It has been pointed out that one I.A. No. 1611 of 2023 has been filed with a prayer to confirm the provisional bail granted to the the appellant vide lower court by the order dated 27.01.2023.

Learned counsel appearing for the appellant submitted that the lower court has granted him provisional bail and the learned Addl.P.P. did not controvert the fact that the learned lower court has granted him provisional bail vide order dated 27.01.2023.

Having taken into consideration the aforesaid submissions under the facts and circumstances of this case provisional bail granted to the appellant vide order dated 27.01.2023 is hereby confirmed subject to the payment of half of the total fine amount as awarded by the learned court below in all the heads and counts.

Accordingly, I.A. No. 1611 of 2023 stands allowed.

Cr. Appeal (SJ) No. 81 of 2023 This appeal is admitted for hearing.

Issue notice.

Let the Lower Court Record be called for form the court concerned.

(Navneet Kumar, J.) MM