Tinku Bhagat Age 35 Years Old Son Of Late ... vs The State Of Jharkhand
2024 Latest Caselaw 8673 Jhar

Jharkhand High Court

Tinku Bhagat Age 35 Years Old Son Of Late ... vs The State Of Jharkhand on 30 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
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Criminal Appeal (S.J.) No.170 of 2024

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Tinku Bhagat age 35 years old son of late Mahendra Bhagat, resident of village Suranga Kelabari, PO and PS Ranga, District Sahibganj .... Appellant(s)

-- Versus --

          The State of Jharkhand                        .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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           For the Appellant(s)      :-   Mr. Sabyasanchi, Advocate
           For the State             :-   Mr. B.N. Ojha, Advocate
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3/30.09.2024     Heard the learned counsel for the appellant and the learned counsel for

          the respondent State.

2. This appeal is already admitted and the lower court records are on the

record.

3. I.A. No. 3316 of 2024 has been filed for suspension of sentence during

pendency of this appeal.

4. The learned counsel for the appellant submits that the appellant has

been convicted by the judgment dated 28.02.2024 and order of sentence dated

07.03.2024 passed by learned Special Judge (NDPS), Sahibganj whereby he has

convicted the appellant in connection with NDPS Case No.02 of 2023 and

directed the appellant to undergo punishment of rigorous imprisonment for five

and fine of Rs.50,000/- for offence punishable under section 21(b) of Narcotic

Drugs and Psychotropic Substances Act and in default of payment of fine

amount the convict shall serve further SI of six months.

5. Learned counsel for the appellant submits that since the appellant has

remained in custody from 12.3.2023 and he is in custody for more than 18

months. He submits that nine bottles of codin cough syrup has been recovered

and for that such sentence is made.

6. Learned counsel for the respondent State opposed the prayer for bail on

1 Criminal Appeal (S.J.) No.170 of 2024 the ground that half of the sentence has not been completed by the appellant.

7. Considering that the quantity is intermediary and only 9 bottles of codin

cough syrup has been recovered, I am inclined to suspend the sentence of the

appellant, during pendency of this appeal.

8. Accordingly, the appellant- Tinku Bhagat, is, hereby, 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 learned Special Judge (NDPS), Sahibganj, in connection

with NDPS Case No.02 of 2023, subject to condition that, the appellant shall

not, directly or indirectly, make any inducement, threat undue influence to the

prosecution witnesses and the appellant shall appear before the trial court on

each and every date given to him by the said court, till the disposal of the trial.

9. I.A. No. 3316 of 2024 stands disposed of.

( Sanjay Kumar Dwivedi, J.) SI/

2 Criminal Appeal (S.J.) No.170 of 2024