Ganesh Sah @ Gansh Prasad Sah vs The State Of Jharkhand
2023 Latest Caselaw 3519 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Appeal (SJ) No. 231 of 2023

Ganesh Sah @ Gansh Prasad Sah                                            ... Appellant
                                        -Versus-
The State of Jharkhand                       ...                          ... Respondent

      CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

            For the Appellant :- Mr. Ranjan Kumar Singh, Advocate
            For the State     :- Mrs. Priya Shrestha, Spl.P.P.
                                    ...

04/15.09.2023: IA No. 3713 of 2023 Heard the learned counsel for the appellant as well as the learned counsel for the State on the interlocutory application filed by the appellant for suspension of sentence during the pendency of this criminal appeal.

This criminal appeal was directed against the judgment of conviction dated 21.03.2023 and the order of sentence dated 23.03.2023, passed by the learned Additional Sessions Judge-III, Deoghar in NDPS Case No. 04(A) of 2015, whereby and whereunder, the appellant has been convicted under sections 20(b)(ii) B and 29 of the NDPS Act and sentenced to undergo 6 years RI and fine of Rs.50,000/- for each offence and in default of payment of fine further sentenced to undergo RI for 3 months for each.

The learned counsel for the appellant has submitted that all the witnesses including the informant have deposed that the 6 bags containing Ganja were recovered from the possession of Ishwar Chandra Jha where the appellant was not found. In absence of corroboration of deposition by the independent witness, the deposition of official witnesses cannot be deemed as trustworthy. The learned counsel has further submitted that the impugned order reveals that it is based on presumption by saying that the appellant also do the business of selling and purchasing of Ganja and accordingly section 66 of the Act is not applicable. The appellant has got no criminal antecedent presently. Moreover, the appellant was in custody since 27.06.2016 and he was granted bail on 11.04.2017 and during trial, he was on bail and after conviction, he is in custody since 21.03.2023 and has never misused the privilege of bail. The learned counsel has further submitted that the two other co-accused, namely, Vibhishan Kumar @ Vibhishan Sah in IA No. 6981 of 2023 in Cr. Appeal (SJ) No. 259 of 2023 and Deepak Kumar Raj @ Deepak Sah @ Deepak Kumar Sah @ Raj in IA No. 6982 of 2023 in Cr. Appeal (SJ) No. 261 of 2023 have been granted bail, during pendency of their appeals, by this Court vide order dated 12.09.2023. The learned counsel has further submitted that the case of the petitioner is exactly on similar footing, therefore, seeks parity.

Learned counsel for the State has opposed this interlocutory application for suspension of sentence, during the pendency of this criminal appeal.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties and also considering the period of custody already spent by the appellant and in the facts and circumstances of the case, I am inclined to suspend the sentence of the appellant, during pendency of this criminal appeal, and accordingly, present appellant, named above, is ordered to be released on bail, during pendency of this criminal appeal, on executing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Deoghar in NDPS Case No. 04(A) of 2015.

Accordingly, IA No. 3713 of 2023 stands disposed of.

S.B.                                                  (Ratnaker Bhengra, J.)