Ashwini Kumar vs The State Of Jharkhand Through Its ...
2025 Latest Caselaw 1550 Jhar

Jharkhand High Court

Ashwini Kumar vs The State Of Jharkhand Through Its ... on 5 August, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (D.B.) No.2000 of 2023
                                    -----
            Ashwini Kumar, S/o Bageshwari Singh, R/o Village- Mauza- Gosaidih,
            P.O. and P.S. Hanterganj, District- Chatra (Jharkhand)
                                                         ... Appellant(s).
                                    Versus
            The State of Jharkhand through its Intelligence Officer, Sanjay Kumar
            Odhar, Narcotic Control Bureau
                                                         ... Respondent(s).

            CORAM       :      SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Kanti Kumar Ojha, Advocate For the State : Mr. Shailesh Kumar Sinha, AddI. P.P. Ms. Chandana Kumari, AC to ASGI .........

09 /05.08.2025: I.A. No.4889 of 2025 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. This is second attempt of the appellant praying for suspension of sentence and release on bail during the pendency of this appeal.

3. The appellant has been convicted and sentenced in connection with in NCB Case No.01 of 2020, arising out of NDPS Case No.15 of 2020, for the offence under Sections 18(b)/29 of NDPS Act. He has been sentenced to undergo rigorous imprisonment for 12 years and with a fine of Rs.1,20,000/- for the offence under Section 18(b)/29 of NDPS.

4. Heard, the 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.

5. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

6. His case was earlier rejected on merit on 20.08.2024 holding that this appellant was riding the motorcycle from which 2.9 Kg of liquid opium was recovered.

7. Considering the quantity, which is in commercial nature, we are not inclined to release the appellant on bail.

8. Accordingly, I.A. No.4889 of 2025 stands dismissed.

(ANANDA SEN, J.)

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