Vinod Kumar Bind vs The State Of Jharkhand
2023 Latest Caselaw 1238 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (SJ) No.94 of 2023

        Vinod Kumar Bind
        @ Binod Prasad Bind
        @ Vinod Prasad Bind                          .....   Appellant
                                 Versus
        The State of Jharkhand                       ....      Respondent

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the Appellant            :   Mr. Manoj Kr. Choubey, Advocate
        For the State                :   Mrs. Bandana Bharti, APP
                                 -----

2/21.03.2023 Heard learned counsel appearing on behalf of the appellant and learned APP appearing on behalf of the State.

It is submitted on behalf of learned counsel appearing on behalf of the appellant that this instant criminal appeal is directed against the Judgment of conviction and order of sentence dated 10.02.2023 passed in N.D.P.S. Case No.15/2021, arising out of Garhwa P.S. Case No. 287/2021 by learned Sessions Judge-cum- Special Judge under N.D.P.S. Act, Garhwa, whereby and whereunder the appellant held guilty for the offence u/s 20(b)(ii)(b) of N.D.P.S. Act and the appellant was directed to undergo R.I. for 2 (Two) years along with a fine of Rs. 15,000-/ (Fifteen thousand) for the offence punishable u/s 20(b)(ii)(b) of N.D.P.S. Act and in default of payment of fine to further undergo R.I. for Six months. The convict will get the benefit of section 428 Cr. P.C. and the period of detention undergone by the convict be set off against the sentence of imprisonment undergone by him during the investigation, inquiry, or trial of this case.

Learned defence counsel appearing on behalf of the appellant submitted that one IA No. 1989 of 2023 has been filed on behalf of the appellant with a prayer to confirm the provisional bail granted by the learned court below.

It has been pointed out by the learned counsel appearing on behalf of the appellant that the learned court below vide order dated 10.02.2023 has passed the instant provisional bail granted to the appellant Vinod Prasad Bind till 11.03.2023 and further vide order dated 10.03.2023 of the learned court below the provisional bail granted to the appellant was further extended for 15 days till 25.03.2023 and therefore it is prayed that let the provisional bail granted to the appellant be confirmed. The certified copy of the order dated 10.03.2023 passed by the learned court below in NDPS case No. 15 of 2021 has also been filed by the appellant through supplementary affidavit, which is available on record.

Learned counsel appearing on behalf of the State did not oppose the facts as submitted on behalf on behalf of the appellant.

Having taken into consideration the aforesaid submission, the provisional bail granted to the appellant by the learned court below vide order dated 10.02.2023 and 10.03.2023 is hereby confirmed.

This appeal is admitted for hearing.

Issue notice.

Let the scanned copy of the lower court record be called for from the court below concerned.

(Navneet Kumar, J.) R.Kumar