Baijnath Sao vs The State Of Jharkhand
2023 Latest Caselaw 3395 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                    Criminal Appeal (D.B.) No. 600 of 2022

Baijnath Sao, aged about 28 years, son of Pradum Sao, resident of village
Narayanpur, P.O. and P.S. Pratappur, District Chatra, Jharkhand
                                                         ...    Appellant
                                     Versus
The State of Jharkhand                                    ...    Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant : Ms. Ganga Kumari Kachhap, Advocate Ms. Rajshree Sinha, Advocate For the Respondent : Mrs. Vandana Bharti, APP

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Order No.08 / Dated: 6th September 2023 I.A. No. 7047 of 2023 The learned counsel for the appellant submits that this interlocutory application was filed for extension of time to surrender, but the appellant has already surrendered on 11.08.2023 and, therefore, this interlocutory application has become infructuous and she does not want to press it.

2. Accordingly, I.A. No. 7047 of 2023 is dismissed as not pressed.

I.A. No. 7906 of 2023

3. The appellant has preferred this Criminal Appeal against the judgment of conviction and order of sentence dated 11.03.2022 passed by the learned Sessions Judge-cum-Special Judge, NDPS Cases, Chatra in N.D.P.S. Case No. 33 of 2021 arising out of Kunda P.S. Case No. 15 of 2019.

4. The learned counsel for the appellant has submitted that this interlocutory application has been filed for grant of provisional bail for a period of ten weeks to enable the appellant for taking his wife for treatment in Christian Medical College, Vellore. She has also submitted that the period during which the appellant remained in provisional bail earlier i.e. from 14.07.2023 to 11.08.2023, the treatment of his wife could not be undertaken. The required appointment at Christian Medical College, Vellore has already been taken and the travel tickets have been taken which are annexed along with the interlocutory application.

5. Considering the prayer made by the appellant through this interlocutory application, the appellant is directed to be released on

provisional bail for a period of ten weeks commencing from 8th September 2023 on furnishing bail-bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with N.D.P.S Case No. 33 of 2021, on the conditions that:

(i) he shall furnish his present address supported by his Aadhar Card and give his contact number to the Investigating Officer, and

(ii) one of the bailors shall be Class-I legal heir of the appellant.

6. The appellant is directed to surrender before the Court concerned on or before 17th November 2023 and file his surrender certificate in the present proceeding.

7. Accordingly, I.A. No. 7906 of 2023 is disposed of.

8. Post this matter on 21st November 2023.

9. Let a copy of this order be communicated to the Court concerned and the concerned Jail Superintendent through Fax.

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.) Binit/Mukul