Janki Saw vs The State Of Jharkhand
2023 Latest Caselaw 2369 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (S.J.) No. 710 of 2022
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Janki Saw                                           ...      ...    Appellant
                                 Versus
The State of Jharkhand                              ...      ...      Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant           : Mr. Kripa Shankar Nanda, Advocate
For the State               : Mr. Vishwanath Ray, A.P.P.
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Order No. 08 / Dated: 19th July, 2023
I.A. No 11886 of 2022

Heard learned counsel appearing on behalf of the appellant and learned counsel appearing on behalf of the State.

2. Learned counsel appearing on behalf of the appellant has submitted that one Interlocutory Application being I.A. No. 11886 of 2022 has been filed on behalf of the appellant with a prayer to enlarge the appellant on bail during the pendency of this appeal which has been preferred against the judgment of conviction dated 23.08.2022 and order of sentence dated 24.08.2022 passed by the Court of learned Additional Sessions Judge-VII, Hazaribag, in N.D.P.S. Case No. 15 of 2021, arising out of Daru P.S. Case No. 128 of 2020, whereby & where under the learned Court below has found the appellant guilty for the offence punishable under Section 20(a)(i) of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for 5 years with fine of Rs.50,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months and the period already undergone has been directed to be set off against his sentence. The appellant was also directed to execute a personal bond of Rs.50,000/- in terms of Section 34 of the Act for abstaining himself from commission of any offence under this Act, for a term of three years.

3. Learned counsel appearing on behalf of the appellant has submitted that the appellant has been convicted for the offence punishable under Section 20(a)(i) of the N.D.P.S. Act on the charge of possessing two Ganja plants. It has been submitted that the appellant is in jail since 24.08.2022 and the maximum sentence awarded by the learned Trial Court is 5(five) years and this appellant has remain in jail from 28.12.2020 to 11.02.2021 in pre-conviction period and from 23.08.2022 till as on date in post-conviction period and as such he has already remained in jail for more than one year.

Cr. Appeal (S.J.) No. 710 of 2022

4. Further it has been pointed out that there is no allegation of growing of Ganja plant against this appellant and the appellant has simply been found with the possession of two Ganja plants.

5. Further it has been pointed out that P.W.-2, Kuldeep Gupta, is the seizure list witness who had put the signature on the seizure list but he categorically stated that the seizure list was not prepared before him. P.W.-3, Vijay Prasad has also not supported the case of the prosecution and this appeal is not likely to be heard in near future and therefore, it is urged on behalf of the appellant to enlarge him on bail as he is ready to deposit the fine amount of Rs.15,000/- out of the total fine amount as awarded by the learned Court below, without being prejudice to his right of defence.

6. On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the appellant but did not deny this fact that this appellant has no criminal history.

7. Having heard the parties, perused the records of this case.

8. In the light of the persuasive submission advanced on behalf of the appellant, it is found just and proper to enlarge the appellant on bail.

9. Accordingly, the appellant is directed to be enlarged on bail upon furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-VII, Hazaribag, in N.D.P.S. Case No. 15 of 2021, arising out of Daru P.S. Case No. 128 of 2020, subject to the condition that the appellant deposits the fine amount of Rs.15,000/- (Rupees fifteen thousand only) in the Government Exchequer out of the total fine amount as awarded by the learned Court below without being prejudice to his right of defence.

10. The appellant is directed to furnish the money receipt of the deposit of the fine amount within four weeks.

11. Accordingly, the pending Interlocutory Application being I.A. No 11886 of 2022, gets disposed of.

D.S./J.Minj                                                   (Navneet Kumar, J.)