A.C. Birsa vs The State Of Jharkhand
2024 Latest Caselaw 9079 Jhar

Jharkhand High Court

A.C. Birsa vs The State Of Jharkhand 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.633 of 2024
                                     -----
            A.C. Birsa, S/o A.C. Pachu, R/o Village-
            Nawada, P.O. & P.S. Karaikela, District- West Singhbhum
                                                         ....Appellant(s).
                                     Versus
            The State of Jharkhand                      .... Respondent(s).
                                     WITH
                         Criminal Appeal (D.B.) No.579 of 2024
                                     -----
            Subodh Prajapati, S/o Ramchandra Prajapati, R/o Vill. Jabra, P.O. &
            P.S. Balumath, Dist- Latehar                 ....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. Ashok Kumar, Advocate Mr. Shankar Lal Ganjhu, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P. .........

05 /09.09.2024: I.A. No.4982 of 2024 in Cr. Appeal (D.B.) No.633 of 2024 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 18(c) of N.D.P.S. Act in connection with N.D.P.S. Case No.15 of 2022. He has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.1,00,000/- for the offence under Section 18(c) of N.D.P.S. Act.

3. Heard, learned 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. No contraband material was recovered from his possession. From the evidence, we find that on the confessional statement of Panda Bodra it came to light that this appellant had sold the opium to Panda Bodra. This fact came to light from the statement from other co-accused.

6. Considering the fact that no material was recovered from possession of this appellant and the only evidence is that co- accused has disclosed that it is this appellant who sold the material to him, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, A.C. Birsa is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Chaibasa in connection with N.D.P.S. Case No.15 of 2022 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Chaibasa, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.4982 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.