Raju Khilo vs The State Of Jharkhand
2024 Latest Caselaw 9087 Jhar

Jharkhand High Court

Raju Khilo 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
                             Cr.A(DB) No. 1044 of 2024
           Raju Khilo, R/o Mangali, Po And Ps Nandpur, Dist- Koraput, Orissa

                                                                 .. .. ..Appellant
                                     --VERSUS--
           The State Of Jharkhand                             ... ..Respondent(s)

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     CORAM:        SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant : Mr. SANJAY KUMAR, Advocate. For the Respondents : Mr. SHAILESH KR SINHA, A.P.P.

I.A. No. 8450 of 2024

05/Dated: 09-09-2024: 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 been convicted in connection with NDPS Case No. 08 of 2018(S) for the offence under Section(s) 20 of the NDPS Act. He has been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.1,00,000/- under Section 20(b)(ii)(c) of the NDPS Act of the POCSO Act.

3. Heard the learned counsel for the appellant and learned A.P.P 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. Admittedly, we find that similarly situated co-convict, namely Sanjeet Gorain @ Sanjit Gorain has been released on bail in I.A. No. 3889 of 2023 [Cr. A.(DB) No. 394 of 2023].

6. Considering the fact that similarly situated co-convict, namely Sanjeet Gorain @ Sanjit Gorain has been released on bail in I.A. No. 3889 of 2023 [Cr. A.(DB) No. 394 of 2023], we are inclined to allow this interlocutory application. Accordingly, upon suspending the sen- tence, the appellant, above named, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bokaro, (Special Judge NDPS Act) in connection with NDPS Case No. 08 of 2018(S), with a condition that the bailors should be close relative of the appellant, one of them having properties in his/her own name in the State of Jharkhand with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Bokaro, once in every four months till the disposal of this appeal.

7. Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anu/-Cp-3