Naresh Ganjhu vs The State Of Jharkhand
2024 Latest Caselaw 117 Jhar

Jharkhand High Court

Naresh Ganjhu vs The State Of Jharkhand on 5 January, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (SJ) No. 518 of 2023

Naresh Ganjhu                                                         ... Appellant
                                        -Versus-
The State of Jharkhand                       ...                       ... Respondent

      CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

            For the Appellant :- Mr. Mukesh Kumar Mehta, Advocate;
                                 Mr. Prem Mardi, Advocate
            For the State     :- Ms. Amrita Kumari, APP
                                    ...

03/05.01.2024: IA No. 8308 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 04.07.2023 and the order of sentence dated 11.07.2023, passed by the learned Sessions Judge-cum-Special Judge, NDPS Cases, Chatra in NDPS Case No. 142 of 2022, whereby and whereunder, the appellant has been convicted under section 18(c) of the NDPS Act and sentenced to undergo 2 years 6 months RI and fine of Rs.10,000/- and in default of payment of fine further sentenced to undergo SI for 6 months.

The learned counsel for the appellant has submitted that the imposed sentence was 2 years 6 months. The learned counsel has further submitted that the appellant is in jail custody since 16.06.2022 and the appellant has completed his custody 1 year 3 months on 11.09.2023 i.e. at the time of filing of this interlocutory application. The learned counsel has further submitted that by now he has already spent half of the imposed sentence. The learned counsel has further submitted that the appellant was neither seen at the spot nor he was arrested from the place of occurrence. All the witnesses have stated that no one was present at the place of occurrence at the time of search and seizure. Therefore, he may be granted privilege of suspension of sentence, during 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 and has submitted that opium weighing 1.350 Kg was seized.

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 Sessions Judge-cum-Special Judge, NDPS Cases, Chatra in NDPS Case No. 142 of 2022, arising out of Kunda PS Case No. 12 of 2022, subject to the conditions that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court.

Accordingly, IA No. 8308 of 2023 stands disposed of.

S.B.                                                   (Ratnaker Bhengra, J.)