Arun Dangi vs Union Of India Through Ncb
2024 Latest Caselaw 9073 Jhar

Jharkhand High Court

Arun Dangi vs Union Of India Through Ncb on 9 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Criminal Appeal (D.B.) No.1391 of 2023
                               -------
       Arun Dangi.                          ... ... Appellant.
                                  Versus
       Union of India through NCB.          ... ... Respondent.
                                ------

             CORAM    : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

------

For the Appellant : Mr. Sarju Prasad, Advocate.

      For the NCB           : Mr. Anil Kumar, ASGI
                              Ms. Chandana Kumari, AC to ASGI
                              Mr. Kumar Swapnil, AC to ASGI
                               ------

06/ 09.09.2024

                            I.A. No.511 of 2024

This Interlocutory Application has been filed by the appellant praying therein to suspend the sentence and release him on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced in connection with N.D.P.S. Case No.26 of 2020. He has been convicted for the offence under Section 29 of the NDPS Act. He was sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs.1,00,000/-.

3. Heard, learned counsel for the appellant and learned A.P.P. for the NCB and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the NCB to oppose the bail, which the NCB availed and opposed.

5. In a vehicle, commercial quantity of opium was recovered. It was disclosed that it is this appellant who was supposed to purchase the same. This appellant was arrested from Korra Chowk, Hazaribag.

6. The material which has only surfaced during trial is that this appellant was in constant touch with the persons who are carrying those materials. There is nothing to suggest that from the house of the petitioner or from any establishment of the petitioner, any contraband material was

recovered.

7. Considering the aforesaid fact, we are inclined to release this appellant on bail.

8. Accordingly, upon suspending the sentence, the appellant is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Commissioner - VIII- cum- Special Judge, N.D.P.S., Ranchi, in N.D.P.S. Case No.26 of 2020, subject to the condition that one of the bailors must be the close relative of the appellant who will have sufficient landed property in his own name and another bailer should be the local resident with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Ranchi, once in every four months till the disposal of this Appeal.

9. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Prashant/Cp-02.