Jharkhand High Court
Sunil Kumar Singh @ Sunil Singh vs The State Of Jharkhand on 30 September, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No.212 of 2023
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1. Sunil Kumar Singh @ Sunil Singh, Aged about 35 years,
2. Sandeep Kumar Singh, Aged about 30 years, Both sons
of Yashwant Singh, resident of village Bakchumba,
PO+PS-Rajpur, District-Chatra.
... ... Appellants
Versus
The State of Jharkhand ... ... Respondent
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellants : Mr. Sabyasanchi, Advocate
For the State : Mrs. Priya Shrestha, Spl. .P.P.
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th
Order No. 10/Dated 30 September, 2024
1. Perused the office note dated 27.09.2024 whereby
and whereunder it has been pointed out with respect to a
typographical error in making reference of the case number
which has been typed as Criminal Appeal (D.B.) No.212 of
2023 in place of Criminal Appeal (S.J.) No.212 of 2023.
2. The aforesaid error is being corrected.
3. Criminal Appeal (D.B.) No.212 of 2023 is to be read
out as Criminal Appeal (S.J.) No.212 of 2023.
4. The order dated 03.05.2024 is modified to the
extent as indicated above.
5. The remaining part of the order will remain same.
6. This Court, at the outset, needs to refer herein that
the present appeal has been filed under the nomenclature
of Criminal Appeal (S.J.) being Criminal Appeal (S.J.)
No.212 of 2023.
7. The aforesaid appeal was listed before the learned
Single Judge on 24.06.2023 and on that day it was brought
to the notice that the identical appeal arising out of the
same judgment of conviction has been filed by two other
convicts, namely, Bahadur Singh and Kulwant Singh being
Criminal Appeal (D.B.) No.689 of 2023.
8. The learned Single Judge, on consideration of the
same, has passed order on 24.06.2023 to list the Criminal
Appeal (S.J.) No.212 of 2023 along with Criminal Appeal
(D.B.) No.689 of 2023.
9. The aforesaid appeal was listed on the basis of the said
order before the Division Bench on 12.07.2023 for
consideration of the interlocutory application being I.A.
No.3453 of 2023.
10. The matter was heard on 31.08.2023. On that date,
two interlocutory applications, i.e., I.A. No.4153 of 2023
filed in Criminal Appeal (D.B.) No.689 of 2023 wherein both
the appellants namely, Bahadur Singh and Kulwant Singh
had prayed for suspension of sentence of R.I. for 10 years
and another interlocutory application being I.A. No.3453 of
2023 filed in Criminal Appeal (S.J.) No.212 of 2023 wherein
the appellants, namely, Sunil Kumar Singh @ Sunil Singh
and Sandeep Kumar Singh had prayed for suspension of
sentence of R.I. for three and half years under Section 18(C)
of the NDPS Act.
11. Both the interlocutory applications have been
rejected vide order dated 31.08.2023.
12. The appellants, herein, have again filed one another
interlocutory application being I.A. No.11645 of 2023 but
the same was withdrawn at that stage, after some
argument.
13. The matter has again been listed to consider the
suspension of sentence as has been prayed by filing I.A.
No.8289 of 2024.
14. This interlocutory application has been filed on
behalf of appellants, namely, Sunil Kumar Singh @ Sunil
Singh and Sandeep Kumar Singh, under Section 389 of the
Cr. P.C for suspension of sentence during the pendency of
the instant appeal in connection with the judgment of
conviction dated 31.03.2023 and order of sentence dated
05.04.2023 passed in NDPS Case No.04 of 2022 arising out
of Itkhori P.S. Case No.67 of 2021 whereby and whereunder
the appellants have been convicted for the offence under
Section 18(C) of the NDPS Act and sentenced to undergo
R.I. for three and half years.
15. Mr. Sabyasanchi, learned counsel appearing for the
appellants, has submitted that the prayer for suspension of
sentence although has been rejected twice but the earlier
application being I.A. No.11645 of 2023 was withdrawn at
that stage.
16. The prayer for suspension of sentence has again
been renewed on the ground that both the appellants have
completed more than half of the sentence against the total
sentence of three years and six months and both the
appellants have undergone the sentence for about 22
months.
17. The sole ground has been taken of completion of
half sentence.
18. It has been submitted that the appeal is of the year
2023 against the judgment of conviction dated 31.03.2023
and there is no likelihood of the appeal to be taken up of
the year 2023 in near future and by the time the appeal will
be heard, the appellants will not only complete the sentence
inflicted upon them, rather, that will be much more.
Therefore, prayer has been made for suspension of
sentence.
19. Mrs. Priya Shrestha, learned Special Public
Prosecutor, is present to represent the State of Jharkhand.
20. She has submitted that on merits the prayer of the
appellants for suspension of sentence has already been
dealt with by rejecting such prayer but she is fair enough to
accept that the appellants have undergone the sentence of
22 months out of the total sentence of three years and six
months (42 months).
21. This Court has heard learned counsel for the parties
and considered the judgment passed by Hon'ble Apex Court
in the case of Saudan Singh v. State of Uttar Pradesh
reported in 2021 SCC Online SC 3259 wherein the Hon'ble
Apex Court has been pleased to hold that 50 per cent of the
actual sentence undergone can be the basis for grant of bail.
22. This Court, on consideration of such observation and
also considering the fact that the appeal is of the year 2023
and is not likely to be taken up in near future as also the fact
that the appellants have already completed more than half of
the sentence, is of the view that the present interlocutory
application is to be allowed.
23. Accordingly, I.A. No.8289 of 2024 stands allowed.
24. In view thereof, the appellants named above, are
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand only) with two sureties
of the like amount each to the satisfaction of learned
Sessions Judge-cum-Special Judge (NDPS), Chatra in
connection with NDPS Case No.04 of 2022 arising out of
Itkhori P.S. Case No.67 of 2021.
25. It is made clear that whatever observation has
been made hereinabove will not prejudice the case of the
appellants on merit since the appeal is lying pending for its
consideration.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Birendra/
