Mumtaz Miyan vs State Of Jharkhand
2023 Latest Caselaw 48 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
         Criminal Appeal (DB) No. 631 of 2022
Mumtaz Miyan                                  ...    Appellant
                           Versus
State of Jharkhand                     ...              Respondent
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH

For the Appellant : Mr. A. K. Chaturvedi, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P.

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Order No. 05                                 Dated 03rd January, 2023

      I.A. No. 10701 of 2022

Heard the learned counsel for the respective parties.

This application has been preferred by the appellant for grant of bail

to him during the pendency of this appeal.

The appellant has been convicted for the offences u/s 18(b) r/w 25 of

the NDPS Act and has been sentenced to undergo rigorous imprisonment

for ten years along with a fine of Rs. 1,00,000/-.

A passenger bus was searched and nine bags of Doda weighing

197.300 kg. was recovered from inside the bus.

It has been submitted by the learned counsel for the appellant that the

appellant was neither the driver nor the owner of the bus, nor he is

concerned with the Doda. It has further been submitted that the appellant

was merely a passenger in the bus and the prosecution has failed to establish

that the Doda was being transported by the appellant. Learned counsel adds

that the appellant is in custody since 27.03.2019.

Learned Spl.P.P. has opposed the prayer for bail of the appellant.

Regard being had to the period of custody undergone by the

appellant and the fact that the complicity of the appellant seems to emanate

on account of he being present when the search was committed and a

commercial quantity of Doda was recovered, we are inclined to admit the

appellant on bail. Accordingly, during pendency of this appeal, the

appellant is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the

satisfaction of learned trial court [Special Judge for NDPS-cum-Sessions

Judge at Seraikella-Kharsawan] in connection with NDPS Case No. 03 of

2019, subject to the condition that the appellant shall deposit the fine amount

as imposed in the impugned judgment and the order of sentence.

I.A. No. 10701 of 2022 stands allowed and disposed of.

                                            (RONGON MUKHOPADHYAY, J.)


MK                                                 (AMBUJ NATH, J.)