Dilshad Khan vs State Of Jharkhand
2025 Latest Caselaw 5971 Jhar

Jharkhand High Court

Dilshad Khan vs State Of Jharkhand on 18 September, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (D.B.) No. 386 of 2024

      Dilshad Khan, S/o Jakir Khan, R/o Village-Senha, Tola, Pirdag, P.S.-Chandwa, P.O.-
      Senha, Dist.-Latehar, Jharkhand            ......          ...... Appellant
                               Versus
      State of Jharkhand                  ......           ...... Respondent

      CORAM          :  SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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      For the Appellant      : Mr. B.M. Tirpathy, Sr. Advocate
                               Mr. Naveen Kr. Jaiswal, Advocate
      For the State          : Mr. Bhola Nath Ojha, A.P.P.
                             ------

09 /18.09.2025:      I.A. No. 9932 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. The appellant has been convicted under Section 120B of IPC and under Sections 15 and 18 of N.D.P.S. Act in connection with N.D.P.S. Case No. 06 of 2022 arising out of Chandwa P.S. Case No. 147 of 2021. He has been sentenced to undergo Rigorous Imprisonment for ten years and a fine of Rs. 1,00,000/- for the offence under Section 15 and 18 of N.D.P.S. Act.

3. Heard, the learned senior counsel for the appellant and learned counsel for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Learned senior counsel appearing for the appellant submits that one of the co-

convicts namely, Md. Suhel @ Md. Suhail, who was the driver cum owner of the vehicle in which contraband material was found, has been enlarged on bail by the Co-ordinate Bench of this Court in Cr. Appeal (DB) No. 599 of 2024 (I.A. No. 8153 of 2025). He further submits that the material i.e. Poppy husk, which was recovered, is 27 Kgs., which is not a commercial quantity, rather more than small quantity. He lastly submits that the appellant is in custody for one year and ten months and he was on bail for some period during trial.

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

6. The application of this appellant was earlier rejected by this Court on 14.08.2024. From the vehicle, in which this appellant was also an occupant, 27.200 Kgs. of Poppy husk was recovered. Though in Cr. Appeal (DB) No. 599 of 2024, co-convict- Md. Suhel @ Md. Suhail, who was the driver cum owner of the vehicle, has been enlarged on bail but we find that there is no consideration of Section 37 of the N.D.P.S. Act. Further, it is an admitted case of the appellant as learned senior counsel has fairly submitted that there is another trial pending in which this appellant is an accused which is also under Sections 17, 18, 20(b)(c), 21(c), 22(b)(c) of the N.D.P.S. Act and Section 47(a) of the Excise Act. The said case is numbered as Chandwa P.S. Case No. 107 of 2018 (N.D.P.S. Case No. 07/2018).

7. Considering the aforesaid facts and the facts which have been narrated above, we find that the case of the appellant cannot be equated with that of Md. Suhel @ Md. Suhail, thus we are not inclined to suspend the sentence of the appellant.

Accordingly, I.A. No. 9932 of 2025 stands dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) 18.09.2025 AKT/Satayendra