Subodh Kumar vs The State Of Jharkhand
2024 Latest Caselaw 9949 Jhar

Jharkhand High Court

Subodh Kumar vs The State Of Jharkhand on 15 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Appeal (SJ) No. 538 of 2024
          Subodh Kumar, aged about 44 years, son of Parmanand Prasad, resident of
          Krishnapuri Colony, Gurudwara Road, Chas, P.O. and P.S. Chas, District-
          Bokaro
                                                               ..... Appellant
                            Versus
      The State of Jharkhand                                   ...... Respondent
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      CORAM:         HON'BLE MR JUSTICE SANJAY KUMAR DWIVEDI, J.

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For the Appellant(s) :- Mr. Vishal Srivastava, Advocate

For the State : Mr. Vandana Bharti, A.P.P.

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I.A. No. 10854 of 2024 03/15.10.2024 Heard learned counsel for the appellant and learned counsel for the State.

2. This appeal is already admitted and Trial Court Record is on record.

3. I.A. No. 10854 of 2024 has been filed for suspension of sentence and release the appellant on bail, during the pendency of this appeal.

4. Learned counsel for the appellant submits that the appellant has been convicted by judgment dated 05.08.2024 and sentenced by order dated 12.08.2024 passed in N.D.P.S. Case No. 05 of 2020 arising out of Siyaljori P.S. Case No. 51 of 2020 by learned Sessions Judge, Bokaro. He further submits that the appellant has been sentenced to undergo R.I. for five years along with fine of Rs. 1,00,000/- for the offence under section 20(b) (ii)(B) of N.D.P.S. Act and in default the appellant was directed to undergo further R.I. for six months.

5. Learned counsel for the appellant submits that seized material was not sent for FSL in sealed condition and there is no independent witness. He further submits that seized article is intermediary. He submits that the appellant has remained in custody for two months from the date of sentence and he was on bail during trial.

6. Learned counsel for the State opposes the prayer and submits that the appellant has not completed half of the sentence.

7. Considering that seized article is intermediary and appellant has remained in custody for two months from the date of sentence and he was on bail during trial, I am inclined to grant bail to the appellant.

Accordingly, the above named appellant is directed to be released on bail, during the pendency of the 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 Sessions Judge, Bokaro, in connection with N.D.P.S. Case No. 05 of 2020 arising out of Siyaljori P.S. Case No. 51 of 2020.

8. The aforesaid interlocutory application is allowed and disposed of.

( Sanjay Kumar Dwivedi, J) Satyarthi