I.A. No. 1837 of 2026

1. The instant interlocutory application has been filed under Section 430(1) of the BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 02.07.2022 and order of sentence dated 04.07.2022 passed by the learned Special Judge, NDPS at Khunti in connection with NDPS Case No31/2021 arising out of Maranghada PS Case No.16 of 2021 whereby and whereunder, the appellant has been convicted and sentenced to undergo RI for 10 years for the offence under Section 18(b) of NDPS Act with a fine of Rs.1,00,000/- (Rupees one lakh only) and in default of payment of fine, further directed to undergo SI for two years. It has also been directed that the period already undergone in custody will be set off from the period of sentence.

2. At the outset, it needs to mention here that earlier the prayer for suspension of sentence of the appellant/applicant has been dismissed as not pressed by this Court vide order dated 08.01.2025 passed in I.A No.4969 of 2024.

3. It has been contended on behalf of the applicant that the applicant/appellant has falsely been implicated in the present case. It has been contended that the alleged quantity of contraband has been recovered from the house of the petitioner and not from his conscious possession. It has come in the evidence that the seizure list witnesses PW2 and PW3 have also not supported the prosecution case and they have been declared hostile.

4. The sole ground taken for suspension of sentence of the applicant/appellant is that he has already remained in judicial custody for about five years out of maximum sentence of 10 years and, as such, he has completed half of the sentences awarded to him as he has remained in judicial custody since 15.04.2021.

5. On the aforesaid ground, the learned counsel for the appellant/applicant has submitted that the present appellant/applicant may be enlarged on bail by suspending his sentence.

6. While, on the other hand, Mr. Vineet Kumar Vashistha, the learned Spl. PP appearing for the respondent-State of Jharkhand has vehemently opposed the prayer for suspension of sentence and submitted that earlier the prayer of suspension of sentence of the appellant was dismissed as not pressed vide order dated 08.01.2025 passed in I.A No.4969 of 2024. It has been contended that the said contraband has been recovered from the house of the present appellant/applicant, however, he has fair enough to submit that as per custody report, the appellant/applicant has completed about half of the sentence awarded to him.

7. We have heard the learned counsel for the parties and gone across the findings recorded by the learned trial Court in the impugned judgment.

8. On earlier occasion, the prayer for suspension of sentence of the appellant/applicant was dismissed as not pressed vide order dated 08.01.2025 passed in I.A No.4969 of 2024. The present application has been filed renewing the prayer for suspension of sentence on the ground that the appellant/applicant has completed half of sentence awarded to him as he has remained in custody since 15.04.2021, i.e., about five years.

9. The sole ground taken on behalf of the applicant is that the appellant/applicant has completed half of sentence awarded to him.

10. Considering the aforesaid facts, this Court is of the view that the appellant/applicant has been able to make out a case for suspension of sentence during pendency of this appeal in view of the judgment passed by the Hon’ble Apex Court in the case of “Saudan Singh V. The State of Uttar Pradesh” reported in 2021 SCC OnLine SC 3259.

11. Accordingly, I.A. No. 1837 of 2026 stands allowed.

12. In consequence thereof, the applicant, named above, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS at Khun