Citation : 2021 Latest Caselaw 1702 Jhar
Judgement Date : 7 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 6466 of 2020
in
Cr. Appeal (S.J.) No. 588 of 2020
...
Stephan Marandi @ Stephen Marandi .... Appellant
-V e r s u s-
State of Jharkhand ..... Respondent ...
Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...
For the Appellant : Mr. Peter Martin T.J., Advocate.
For the State : Ms. Niki Sinha, APP.
...
I.A. No. 6466 of 2020
...
04/07.04.2021
1. This interlocutory application has been filed under Section 389
(1) of the Code of Criminal Procedure for suspension of the sentence
and grant of ad-interim bail to the appellant, during the pendency of
the appeal.
2. The appeal is directed against the judgment dated 07.09.2020,
passed by the court of the learned Additional Sessions Judge-I, Pakur
in Sessions Trial No. 106 of 2018, whereby the appellant has been
found guilty and convicted for the offence under section 366 of the
Indian Penal Code and sentenced to undergo rigorous imprisonment
of 5 years and a fine of Rs.10,000/- in default, thereof, to suffer
rigorous imprisonment of 2 months.
3. Heard the learned counsel for the appellant and the objection
raised by the learned A.P.P.
It appears that the appellant is in custody since 25.09.2018 and
he has remained in custody for more than half of the sentence imposed.
Thus, considering the period of custody, he is directed to be
enlarged on bail, during the pendency of the appeal, on his furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each to the satisfaction of learned Additional Sessions
Judge-I, Pakur in connection with Sessions Trial No. 106 of 2018 on
the condition that he shall deposit fine amount of Rs.10,000/- in the
court below.
4. In the result, I.A. No. 6466 of 2020 stands allowed.
(AMITAV K. GUPTA, J.) APK
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