Jharkhand High Court
Uday Pahan vs The State Of Jharkhand on 31 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (SJ) No. 849 of 2022
Uday Pahan .... ... Appellant
Versus
The State of Jharkhand .... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Vishal Kumar Tiwary, Advocate
For the State : Mrs. Vandana Bharti, APP
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st
Order No. 08/Dated: 31 October, 2023
I.A. No. 6998 of 2023
The present Interlocutory Application has been filed for
suspension of sentence during pendency of this criminal appeal.
The present criminal appeal is directed against the judgment of
conviction dated 21.9.2022 and the order of sentence dated 26.9.2022 passed
by the learned Additional Judicial Commissioner-XV, Ranchi in NDPS Case
no. 28 of 2020, arising out of Namkum PS Case No. 118 of 2020, whereby
and whereunder, the appellant has been convicted for the offence under
section 15(b) of NDPS Act and under section 29 r/w 15(b) of NDPS Act and
sentenced to undergo R.I. for 5 years each and fine of Rs. 50,000/- each with
default stipulation of RI for six months.
The learned counsel for the appellant has submitted that the
house from which contraband articles were recovered does not belong to the
appellant. He further states that signature of independent witnesses was not
taken although they were present at the place of occurrence. He has further
stated that thumb impression of the appellant was forcibly taken by the police
officials on a blank paper. He further submits that by now the appellant has
been in custody for about 21 months. The learned counsel for the appellant
has relied upon an order dated 19.5.2023 passed by a coordinate Bench of
this Court in IA No. 3987 of 2023 in Cr. Appeal (SJ) No. 662 of 2022 and
submitted that on similar footing the period of sentence awarded to the
appellant in that case was suspended. Therefore, prayer of the appellant for
suspension of sentence, during pendency of appeal, may be considered.
The learned counsel for the State has opposed the present
interlocutory application and has submitted that the appellant has not
undergone half of the sentence awarded to him. She has further submitted
that other co-convicts who were apprehended with commercial quantity of
contraband have stated that the appellant had supplied the same to them and
therefore, prayer of the appellant may not be considered.
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 of the case, the appellant, named above, is ordered to be
released on bail, during pendency of this appeal, on executing bail bond of
Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the
like amount each to the satisfaction of the learned Additional Judicial
Commissioner-XV, Ranchi in NDPS Case no. 28 of 2020, arising out of
Namkum PS Case No. 118 of 2020, subject to the condition that the appellant
shall submit self-attested photocopy of his Aadhar Card and mobile number
before the learned court below which he will always keep active and will not
change it during pendency of the case without prior permission of the Court.
Accordingly, I.A. No.6998 of 2023 stands disposed of.
KNR (Ratnaker Bhengra, J.)
