Rakesh Gond @ Gaur vs The State Of Jharkhand
2024 Latest Caselaw 10373 Jhar

Jharkhand High Court

Rakesh Gond @ Gaur vs The State Of Jharkhand on 12 November, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 464 of 2024
            Rakesh Gond @ Gaur, aged about 29 years, son of Late Anil Gond, resident
            of Village- Sonpurwa Mohalla, P.O. & P.S. Garhwa, Dist. Garhwa
                                                                    ... Appellant
                                       -Versus-
            The State of Jharkhand                                  ... Respondent
                                           -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant : Mr. Pankaj Srivastava, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P.

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03/12.11.2024 I.A. No.8268 of 2024

Heard Mr. Pankaj Srivastava, learned counsel for the appellant and

Mr. Manoj Kumar Mishra, learned counsel for the State.

2. I.A. No.8268 of 2024 has been filed for grant of bail and suspension

of sentence, during pendency of the present criminal appeal.

3. This appeal is already admitted and the Trial Court Records has been

received.

4. Learned counsel for the appellant submits that the appellant has been

convicted and sentenced vide judgment of conviction and order of sentence

dated 15.07.2024 and 18.07.2024 respectively passed by the learned

Sessions Judge-cum-Spl. Judge under N.D.P.S. Act, Garhwa in N.D.P.S. Case

No.04/2023, arising out of Garhwa P.S. Case No.184/2023, whereby, he has

been sentenced to undergo R.I. for 5 years with fine of Rs.20,000/- for the

offence under Section 21 and 22 of N.D.P.S. Act and in default of payment

of fine, he has been further sentenced to undergo R.I. for six months.

5. Learned counsel for the appellant further submits that the appellant

has remained in custody for about 1 ½ year and contraband quantity is said

-1- Cr. Appeal (SJ) No. 464 of 2024 to be 6.940 gms. including sachets. He then submits that two persons have

been acquitted by the learned Court.

6. Learned counsel for the State opposed the prayer on the ground that

even half of the sentence has not been completed by the appellant.

7. Considering that the appellant has remained in custody for about 1 ½

year and P.W.1, who happened to be the Deputy Superintendent of Police

has stated that contraband quantity comes to 6.940 gms including sachets

and, as such, during the pendency of this criminal appeal, I am inclined to

enlarge the above named appellant on bail on furnishing bail bond of

Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

amount each to the satisfaction of the learned Sessions Judge-cum-Spl.

Judge under N.D.P.S. Act, Garhwa in N.D.P.S. Case No.04/2023, arising out

of Garhwa P.S. Case No.184/2023.

8. Accordingly, I.A. No.8268 of 2024 is disposed of.

                                                  (Sanjay Kumar Dwivedi, J.)
Ajay/




                                           -2-                    Cr. Appeal (SJ) No. 464 of 2024