Baijnath Sao vs The State Of Jharkhand
2024 Latest Caselaw 9590 Jhar

Jharkhand High Court

Baijnath Sao vs The State Of Jharkhand on 24 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Criminal Appeal (D.B.) No. 809 of 2024
               Baijnath Sao, son of Padum Sao, resident of village- Narayanpur, P.O
               and P.S. Pratappur, District- Chatra, Jharkhand.     ...... Appellant(s)
                                      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(s) : M/s Rajshree Sinha and Ganga Kumari Kachhap, Advocates.

For the State : Mrs. Priya Shrestha, Spl. P.P.

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I.A. No. 7628 of 2024

04/24.09.2024: 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. 21/2021 for the offence under Section(s) 18 of the NDPS Act. He has been sentenced to undergo rigorous imprisonment for 15 years and fine of Rs.1,50,000/-.

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. 6.6 Kg of liquid of opium was recovered from possession of co-accused Arvind Bharti and this appellant was also present with him. Further, this appellant has criminal antecedent and he has already convicted in similar nature of case NDPS Case No. 33 of 2021 in which 17.7 kg of opium was recovered.

6. Considering the criminal history of this appellant, which is of similar nature of this case, we are not inclined to allow this interlocutory application. Accordingly, the prayer of the appellant, named above, to release him on bail, is rejected.

7. Accordingly, this interlocutory application is dismissed.

(ANANDA SEN, J.)

Anu/-Cp3. (GAUTAM KUMAR CHOUDHARY, J.)