Jharkhand High Court
Jagarnath Munda @ Jagay Munda vs The State Of Jharkhand on 3 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.1823 of 2023
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Jagarnath Munda @ Jagay Munda, S/o Late Binde Munda
... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
WITH
Criminal Appeal (D.B.) No.2030 of 2023
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Prem Munda, S/o Nehla Munda ... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
........
CORAM : SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant(s) : Mr. A.K. Kashyap, Sr. Advocate
Mr. Anurag Kashyap, Advocate
Ms. Nivedita Kundu, Advocate
For the State : Mr. Shiv Shankar Kumar, A.P.P.
Mr. Manoj Kr. Mishra, A.P.P.
.........
08 /03.09.2024: I.A. No.4478 of 2024 in Cr. Appeal (D.B.) No.1823 of 2023
This interlocutory application has been filed by the
appellant, praying therein to suspend the sentence and release
him on bail during the pendency of this appeal.
2. The appellant has been convicted for the offence under
Sections 15(c) and 29 of N.D.P.S. Act in connection with N.D.P.S.
Case No.23 of 2019 / N.D.P.S. Case No.52 of 2021. He has been
sentenced to undergo rigorous imprisonment for ten years with a
fine of Rs.1,00,000/- for the offence under Section 15(c) of the
N.D.P.S. Act along with other sentences.
3. Heard, learned Senior counsel for the appellant and
learned A.P.P. for the State and have gone through the
impugned judgment, the evidence and the Trial Court Records.
4. Opportunity was given to the State to oppose the bail,
which the State availed and opposed.
5. Huge consignment of doda was being loaded from the
commercial vehicle. Admittedly, the appellant was not present in
the place of occurrence. Only material which the counsel for the
prosecution has brought before this Court is that scooty was
found at that place and though the scooty was registered in the
name of one Kanchan Munda, but as per the prosecution, there
was a plain paper ownership transfer of the said scooty in the
name of this appellant.
6. The State also admits that the vehicle was not transferred
in terms of the Motor Vehicles Act in name of this appellant.
7. Considering the aforesaid material, we are inclined to
allow this interlocutory application. Accordingly, upon
suspending the sentence, the appellant, namely, Jagarnath
Munda @ Jagay Munda is directed to be released on bail during
the pendency of this appeal, on furnishing bail bonds of
Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Judicial Commissioner-XV, Ranchi in connection with N.D.P.S.
Case No.23 of 2019 / N.D.P.S. Case No.52 of 2021 with a
condition that one bailor should be close relative of the appellant
and another condition that the appellant shall appear and mark
his attendance before the Registrar, Civil Court, Ranchi, once in
every three months till the disposal of this appeal
8. Accordingly, I.A. No.4478 of 2024 stands allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
R.S.
