Allowed

Weshete Lohe v. State of Nagaland

Gauhati HC2 Sept 2020I.A.(Crl.)/8/2020

Case brief

AI extract

What is this about?

In an NDPS case, the petitioner applied for suspension of the conviction order and grant of bail pending appeal. The Court found merit in the grounds raised and allowed the suspension of the sentence order, granting bail subject to local surety conditions and a monetary bond.

What did the court decide?

Suspension of order dated 18.03.2020; release on bail with local surety (Govt. servant), non-exit from jurisdiction, and Rs. 50,000 bond.

Weshete Lohe Vs State of Nagaland — Narcotics (NDPS) | Gauhati HC (2020)

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Page No.# 1/3

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GAHC020001832020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

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Case No. : I.A.(Crl.) 8/2020

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1:WESHETE LOHE S/O VESELIE LOHE VILL EUHULUMI PO PS CHIZAMI DIST PHEK, NAGALAND

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VERSUS

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1:STATE OF NAGALAND NAGALAND

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Advocate for the Petitioner : KHRIEKETHONUO

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Advocate for the Respondent : GOVT ADV NL

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Linked Case : CRAPL 4/2020

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1:WESHETE LOHE S/O VESELIE LOHE VILL EUHULUMI PO PS CHIZAMI DIST PHEK NAGALAND

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VERSUS

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1:STATE OF NAGALAND NAGALAND

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Page No.# 2/3

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Advocate for the Petitioner : KHRIEKETHONUO Advocate for the Respondent : GOVT ADV NL

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BEFORE

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HON'BLE MR. JUSTICE S. HUKATO SWU

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ORDER

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Date : 02-09-2020

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This application under Section 389(1) of the Code of Criminal Procedure, 1973 is filed for suspension and execution of sentence and release of accused on bail during pendency of the appeal before the Appellate Court.

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Learned counsel, Ms. Khriekethonuo, appearing for the petitioner has submitted that the appeal has been filed specifically on three grounds, namely,

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(i) There is violation of Section 42 of the NDPS Act

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(ii) There is non-compliance of Section 24 of the CrPC for ap-

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pointment of a Special Public Prosecutor as mandated

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(iii) There is material contradiction with regard to seizure.

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Hence, there is every chance for the petitioner in coming out suc-

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cessful in the appeal petition. She has, therefore, prayed that the order dated 18.03.2020, passed by the learned Special Judge, NDPS Act, district Phek be suspended and the accused enlarged on bail during the pendency of the period of appeal.

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Learned counsel, Mr. K. Angami appears and submits that the ac-

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cused had conscious possession of the seized contraband and there is no

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Page No.# 3/3 infirmity in the impugned judgment. However, he has left the matter of considering the I.A. appeal of suspending the order dated 18.03.2020 to the wisdom of the Court.

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On hearing the parties, I have considered the matter and the grounds as raised by the petitioner, there are chances of the appeal being successful and hence, the order dated 18.03.2020 shall remain suspended till the disposal of the instant matter.

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With respect to the release of the accused on bail:

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(i) the accused shall furnish a local surety who shall be a Government servant,

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(ii) he shall not leave the jurisdiction of this Court till disposal of the present appeal,

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(iii) bond of Rs. 50,000/- is imposed on the bailer in the event of the accused jumping bail, and

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(iv) the bond shall be executed before the learned Special Judge, Phek.

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Petition under section 389(1) is allowed.

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I.A.(Crl.) No. 8/2020 is disposed of in terms as indicated above.

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Sd/-

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JUDGE

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Comparing Assistant

Weshete Lohe v. State of Nagaland

Case brief

What is this about?

What did the court decide?

Weshete Lohe v. State of Nagaland

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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