Jharkhand High Court
Binod Yadav vs The State Of Jharkhand on 7 January, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1609 of 2023
With
I.A. No. 13428 of 2024
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Binod Yadav, aged about 37 years, s/o Saryu Yadav, R/o Kukurman,
P.O. & P.S. Pratappur, District Chatra.
... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Rishi Pallava, Advocate
For the Respondent : Mr. Vineet Kr. Vashistha, Spl. P.P.
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th
12/Dated: 07 January, 2025
I.A. No. 13428 of 2024:
1. The instant interlocutory application has been filed on behalf of
appellant for suspension of sentence dated 07.08.2023 passed by the
learned Sessions Judge-cum-Special Judge (NDPS), Chatra in NDPS
Case No. 16 of 2022, whereby and whereunder, the appellant have
been found guilty and convicted under Section 18 of the NDPS Act
and accordingly sentenced to undergo RI for 10 years with fine of
Rs.1,00,000/- and in default of payment of fine has been directed to
undergo SI for one year.
2. It has been contended on behalf of appellant that it is a case where
the search and seizure has not been made in presence of Gazetted
Officer. It has also been contended that the seizure list witnesses
have stated that they were standing outside from the place of
occurrence and nothing was seized, sealed or weighted in front of
them.
3. It has also been contended that the learned trial court has failed to
take into consideration that the place of occurrence, i.e., the house,
does not belong to the appellant and nothing objectionable material
has been recovered from the conscious possession of the appellant.
4. Learned counsel for the appellant has also taken the ground that the
sentence with respect to co-accused persons, namely, Pintu Kumar
and Dhananjay Kumar Singh have already been suspended vide
order passed by this Court dated 11.12.2024 in Cr. Appeal (DB) No.
1786 of 2023 and Cr. Appeal (DB) No. 1694 of 2023.
5. It has also been contended that the appellant is languishing in judicial
custody since 03.09.2021.
6. Learned Special Public Prosecutor appearing for the respondent-
State of Jharkhand has opposed the prayer for suspension of sentence
but he is fair enough to submit that the sentence with respect to co-
accused persons, namely, Pintu Kumar and Dhananjay Kumar Singh
have already been suspended vide order passed by this Court dated
11.12.2024.
7. We have heard learned counsel for the parties and gone across the
finding recorded by the learned trial Court in the impugned judgment
as also the testimony of the witnesses as available in the Lower
Court Records and the material exhibits appended therewith.
8. This Court taking into consideration the aforesaid fact as would be
evident from the testimony of P.W.-8, the Circle Officer, wherein he
has deposed that he had joined the raid at the place of occurrence and
at the time of search and seizure, he was in another room as also the
seizure witnesses, i.e., P.W.-1 and P.W.-2 have stated that they were
standing outside about 100 yards from the place of occurrence and
nothing was seized, sealed or weighted in from of them but their
signatures was on the seizure list.
9. This Court has also taken into consideration the ground taken on
behalf of the appellant regarding the sentence having been suspended
with respect to the co-accused persons, namely, Pintu Kumar and
Dhananjay Kumar Singh vide order passed by this Court dated
11.12.2024 in Cr. Appeal (DB) No. 1786 of 2023 and Cr. Appeal
(DB) No. 1694 of 2023 respectively, is of the view that it is a case
where the appellant has made out a prima face case for suspension of
sentence.
10. Therefore, this Court is of the view, the sentence is to be suspended,
during pendency of the appeal.
11. Accordingly, the instant Interlocutory Application is allowed.
12. In view thereof, the appellant, named above, is directed to be
released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge-cum-Special Judge (NDPS),
Chatra in NDPS Case No. 16 of 2022.
13. It is made clear that any observation made hereinabove will not
prejudice the case of the parties on merit since the appeal is lying
pending for its consideration.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Saurabh/-
