Mara Pahan vs The State Of Jharkhand

Jharkhand High Court

Mara Pahan vs The State Of Jharkhand on 7 May, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Criminal Appeal (D.B.) No.37 of 2024
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              Mara Pahan, aged about 30 years, son of Budhan Pahan,
              resident of Village Lebed, Domgarh, P.O. & P.S. Arki, District
              Khunti.                                       ... ... Appellant.
                                          Versus
              The State of Jharkhand.                    ... ... Respondent.
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                     CORAM       : SRI ANANDA SEN, J.

: SRI SUBHASH CHAND, J.

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For the Appellant(s) : Ms. Amrita Sinha, Advocate.

              For the State            : Mr. Bhola Nath Ojha, A.P.P.
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04/ 07.05.2024                          I.A. No.927 of 2024

This Interlocutory Application has been filed by the appellant praying therein to suspend the sentence and release him on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced for offences under Section 364 of the IPC in connection with S.T. Case No.136 of 2015. He has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- and in default of payment of fine, he will undergo rigorous imprisonment for further period of three years.

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

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

5. After going through the records, we find that out of ten years, the appellant is in custody since 9 years and 5 months. The aforesaid fact has also been admitted by learned A.P.P. for the State, who has received custody report from the concerned officer.

6. Considering the period of custody, we are inclined to release the appellant on bail.

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7. Accordingly, upon suspending the sentence, the appellant is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Khunti, District Khunti, in S.T. Case No.136 of 2015 subject to the condition that one of the bailor must be the close relative of the appellant who will have sufficient landed property in his own name and another bailer should be the local resident with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Khunti, once in every four months till the disposal of this Appeal.

8. The I.A. No.927 of 2024 is accordingly, allowed.

(ANANDA SEN, J.) (SUBHASH CHAND, J.) Prashant/Cp-03.

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