The State Of Jharkhand vs Sunny Kumar @ Sunny Kumar Sao

(REPORTABLE) 2025 INSC 153 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. OF 2025 (Arising out of SLP(Criminal) No. 1953/2024)

THE STATE OF JHARKHAND Appellant(s)

VERSUS

SUNNY KUMAR @ SUNNY KUMAR SAO Respondent(s)

J U D G M E N T

1. Leave granted.

2. The present appeal is directed against the impugned

judgment and order dated 24.11.2022, passed by the High

Court of Jharkhand at Ranchi in B.A.No. 9276 of 2022,

whereby the High Court had allowed the said application

filed by the respondent-accused seeking bail in connection

with Case No. 231 of 2022, registered at Police Station-

Sadar, District- Chatra, Jharkhand for the offence

punishable under Section-18 of the Narcotic Drugs and

Psychotropic Substances Act (for short ‘the NDPS Act’).

3. It is sought to be submitted by the learned counsel

appearing for the appellant-State that after the release

of the respondent-accused on bail, vide the impugned order Signature Not Verified dated 24.11.2022 passed by the High Court, the respondent- Digitally signed by NITIN TALREJA Date: 2025.02.07 10:51:35 IST Reason: accused was involved in another case under the NDPS Act,

and was also arrested for the same on 12.07.2023. He also

submitted that the trial in respect of the present appeal, 2

has already commenced and only three witnesses have

remained to be examined.

4. However, the learned counsel appearing for the

respondent-accused submitted that the recovery of the

alleged contraband was not of commercial quantity and it

was only of an intermediate quantity, and therefore, the

rigors of Section-37 would not be applicable to the

instant case. She also submitted that the appellant-State

has challenged the very order granting the respondent-

accused bail, and it is not a case of cancellation of bail

on the ground of breach of any of the bail conditions. She

has conceded that at present, the respondent-accused is

under arrest in connection with other offence punishable

under the NDPS Act, registered after the present one.

5. Having regard to the submissions made by the learned

counsels for the parties and to the nature of the offence

as also the fact that the respondent-accused has been

arrested in a similar offence under the NDPS Act, we deem

it appropriate to set aside the impugned order passed by

the High Court.

6. Accordingly, the impugned order dated 24.11.2022,

passed by the High Court of Jharkhand, is set aside. The

respondent-accused is directed to be taken into custody in

connection with Case No. 231 of 2022, registered at Police

Station-Sadar, District-Chatra, Jharkhand. However, the

Trial Court is directed to expedite the trial and conclude

the same in accordance with law, preferably within four 3

months from the date of receipt of a copy of this

judgment.

7. Accordingly, the appeal is allowed.

8. Pending application(s), if any, shall stand closed.

.......…..............J. (BELA M. TRIVEDI)

.........................J. (PRASANNA B. VARALE)

New Delhi 03rd February, 2025 4

ITEM NO.30 COURT NO.9 SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 1953/2024

[Arising out of impugned final judgment and order dated 24-11-2022 in BA No. 9276/2022 passed by the High Court of Jharkhand at Ranchi]

THE STATE OF JHARKHAND Petitioner(s)

VERSUS SUNNY KUMAR @ SUNNY KUMAR SAO Respondent(s)

IA No. 245346/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 26402/2024 - EXEMPTION FROM FILING O.T. IA No. 245347/2023 - EXEMPTION FROM FILING O.T. IA No. 26401/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

Date : 03-02-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASANNA B. VARALE

For Petitioner(s) :

Mr. Farrukh Rasheed, Adv. Ms. Tulika Mukherjee, AOR

For Respondent(s) :

Ms. Vrinda Bhandari, AOR Ms. Pragya Barsaiyan, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeal is allowed in terms of the signed

reportable judgment.

3. Pending application(s), if any, shall stand closed.

(NISHA KHULBEY) (MAMTA RAWAT) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

(signed reportable judgment is placed on the file)