Niraj Kumar Sao vs The State Of Jharkhand
2024 Latest Caselaw 1042 Jhar

Jharkhand High Court

Niraj Kumar Sao vs The State Of Jharkhand on 2 February, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 219 of 2023

Niraj Kumar Sao                                                    ... Appellant
                                      -Versus-
The State of Jharkhand                     ...                      ... Respondent

      CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

            For the Appellant :- Mr. Pradeep Kr. Prasad, Advocate
            For the State     :- Mrs. Priya Shrestha, Spl.P.P.
                                    ...

06/02.02.2024: IA No. 8133 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.

The learned counsel for the appellant has submitted that the FIR alleges that 2.2 Kg. of ganja was recovered from the possession of the appellant, however, only 1.4 Kg. was produced in the Court and, therefore, there is large discrepancy, particularly, when it concerns narcotic substance and raises doubt about the allegation. The learned counsel has further submitted that even one of the witnesses of the seizure, who is PW-10, has deposed that his signature was taken on plain paper and he does not even know what was recovered and, therefore, taken along with the uncertain quantity of narcotic substance, as aforesaid, and the deposition of PW-10, the entire case appears to be doubtful. The learned counsel has further submitted that during the trial, the appellant was in custody for about 9 months and after the date of judgment i.e. 11.11.2022, he continues to be in custody. The learned counsel has further submitted that this criminal appeal is not likely to be taken up in near future. Therefore, the appellant may be granted suspension of sentence, during pendency of this appeal.

Learned counsel for the State has opposed this interlocutory application for suspension of sentence, during the pendency of this criminal appeal and has submitted that whether it is 2.2 Kg or 1.4 Kg of ganja, it is still more than small quantity. Moreover, the appellant has not spent half of the imposed sentence.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties 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 District & Additional Sessions Judge-IV, Hazaribag in GR Case No.228 of 2017.

Accordingly, IA No. 8133 of 2023 stands disposed of.

S.B.                                              (Ratnaker Bhengra, J.)