Sonu Kumar vs The State Of Jharkhand
2024 Latest Caselaw 1471 Jhar

Jharkhand High Court

Sonu Kumar vs The State Of Jharkhand on 13 February, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra, Ambuj Nath

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               (Criminal Appellate Jurisdiction)
               Cr. Appeal (DB) No. 258 of 2021

Sonu Kumar                                                             ... Appellant
                                            Versus
The State of Jharkhand                                                 ... Respondent

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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA HON'BLE MR. JUSTICE AMBUJ NATH

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For the Appellant : Mr. Nilesh Kumar, Advocate For the State : Mrs. Priya Shrestha, SPP For the NCB : Mr. Anil Kumar, ASGI

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Order No.05/ Dated: 13th February, 2024 IA No. 11310 of 2023

Heard the learned counsel for the appellant, the learned counsel for the NCB 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 there were three accused persons in this case and all the three accused persons were arrested from one vehicle wherein 62 bags containing narcotic substances were found. The learned counsel has further submitted that one of the co-convicts, namely, Chandan Kumar Yadav @ Chandan Kumar in IA No.6269 of 2023 in Cr. Appeal (DB) No. 148 of 2021 has been granted bail by a co-ordinate Bench of this Court vide order dated 28.11.2023 on the ground that Standing Order 1 of 1989 has not been followed as also implication of section 52-A(4) of the NDPS Act, 1985 has completely been ignored by not taking the sample in pursuance to Standing Order 1 of 1989. The learned counsel has also referred to the judgment cited in the order dated 28.11.2023 in IA No.6269 of 2023 in Cr. Appeal (DB) No. 148 of 2021. Therefore, on the basis of the aforesaid facts and circumstances, the appellant may be granted privilege of suspension of sentence, during the pendency of this criminal appeal.

Learned counsel for the State has opposed this interlocutory application for suspension of sentence, during the pendency of this criminal appeal but does not dispute the cited bail order.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties, cited sections and in the facts and circumstances of the case, we are 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 Special Judge (NDPS), East Singhbhum at Jamshedpur in NDPS Case No. 04 of 2020.

Accordingly, IA No. 11310 of 2023 stands disposed of.

(Ratnaker Bhengra, J.)

(Ambuj Nath, J.) S.B.