Bhim Kumar Mahto vs The State Of Jharkhand
2024 Latest Caselaw 9902 Jhar

Jharkhand High Court

Bhim Kumar Mahto vs The State Of Jharkhand on 14 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                IN THE HIGH COURT OF JHARKHAND, RANCHI
                      Criminal Appeal (S.J.) No. 535 of 2024
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Bhim Kumar Mahto, aged about 25 years, son of Ramesh Mahto, resident of Village Belgarha, PO+PS-Kunda, District-Chatra .... Appellant(s)

-- Versus --

The State of Jharkhand ....... ...... .... Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. Arwind Kumar, Advocate For the State :- Mr. Bhola Nath Ojha, Advocate

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3/14.10.2024 This appeal has already been admitted and the L.C.R is on the record.

2. The I.A. No. 10407 of 2024 has been filed for grant of bail by suspending the sentence, during pendency of the instant appeal.

3. Heard the learned counsel for the appellant and the learned counsel for the respondent State.

4. The learned counsel for the appellant submits that the appellant has been convicted by judgment dated 30.05.2024 and order of sentence dated 01.06.2024 passed by learned Additional Sessions Judge-II Hazaribagh in NDPS Case No.01/2019 arising out of Lohsinghna P.S. Case No.120 of 2018 for the offence under section 18(c) of the NDPS Act and sentenced him to go RI for 5 years and fine of Rs.50,000/- and in default thereof, further undergo RI for 6 months.

5. The learned counsel for the appellant submits that the appellant was in custody before trial for 10 months and he was further in custody since the date of conviction on 30.05.2024. He submits that quantity of opium is intermediary and the appellant has got no criminal antecedent.

6. The learned State counsel has opposed the prayer for grant of bail on the ground that even half of the sentence has not been completed by the appellant.

7. Considering that quantity of opium is intermediary and the appellant has remained in custody since the date of conviction on 30.05.2024 and he has got no criminal antecedent, I am inclined to grant bail to the appellant, during pendency of this appeal.

8. Accordingly, appellant, above named, is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II Hazaribagh in NDPS Case No.01/2019 arising out of Lohsinghna P.S. Case No.120 of 2018.

9. Instant I.A meant for grant of bail is allowed and disposed of.

( Sanjay Kumar Dwivedi, J.)

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