KRISHNA MUNDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed under Sec. 430(1) of the B.N.S.S., 2023 for suspension of sentence dtd. 5/8/2022 passed by the learned Special Judge, N.D.P.S. at Khunti, in connection with Saiko P.S. Case No.04 of 2019 corresponding to N.D.P.S. Case No.10 of 2019, whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for 12 years along with fine of Rs.1,50,000.00 for the offence punishable under Sec. 18(b) of the N.D.P.S. Act. In default of payment of fine, he has further been directed to undergo R.I. for three years.

(2.) Learned counsel for the appellant has taken two fold grounds by renewing the prayer for suspension of sentence, first is the undergone period of custody of about 4 years and second is the ground of parity, since, the other co-convicts, namely, Motay Mundu and Dinay Mundu have been directed to be released on bail by the Coordinate Bench of this Court vide orders dtd. 3/11/2025 and 20/11/2025 passed in Cr. Appeal (DB) Nos.822 of 2024 and 1321 of 2022 respectively.

(3.) Learned A.P.P. for the respondent-State has vehemently opposed the prayer for suspension of sentence by referring the order dtd. 7/1/2025 passed in I.A. No.13656 of 2024, whereby and whereunder, the case of the present appellant has been rejected on consideration of testimony of one or the other witnesses.