Prem Prasad Yadav vs The State Of Jharkhand
2021 Latest Caselaw 2705 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
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Cr. A (SJ) No. 192 of 2021

Prem Prasad Yadav .....Appellant Versus The State of Jharkhand ....Respondent

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                    Coram:    HON'BLE MR JUSTICE RAJESH KUMAR
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                   For the Appellant         : M/s Risha Pallava, Advocate
                   For the State             : Mr. P. D. Agrawal, APP
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I. A. No. 2505 of 2021

03/04.08.2021 The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence, during pendency of the instant criminal appeal.

This appeal is directed against the judgment of conviction dated 25.03.2021 and order of sentence dated 27.03.2021 passed by Shri Sanjeev Kumar Singh, Addl. Sessions Judge-IV, Garhwa in Sessions Trial No. 330 of 2011 whereby and whereunder the appellant has been convicted for the offence under Sections 498A and 306 of the Indian Penal Code and sentenced R. I. for seven years and fine of Rs. 10,000/- for the offence under Section 498A of the Indian Penal Code and R.I. for three years and fine of Rs. 5,000/- for the offence under Section 306 of the Indian Penal Code and in default of payment undergo S.I. for six months. Both the sentences were directed to be run concurrently.

It has been argued by the learned counsel for the appellant that the prosecution has examined ten witnesses. P. W.s-3, 4, 7 and 8 have been declared hostile and rest of the witnesses have said about the panchayati. This appellant has brought one defence witness. Further by referring to the witness of Investigating Officer, P. W. -9, it has been submitted that there is no cogent evidence suggesting any torture or abetement for committing suicide and the appellant is all along bail.

On the other hand learned counsel for the State has opposed the prayer for bail.

In the attending facts and circumstances of the case, during pendency of this appeal, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IV, Garhwa in connection with Sessions Trial No. 330 of 2011 on the condition that the appellant will submit self attested copy of his Aadhar Card and also submit his mobile number before the learned court below, which he will not change during the pendency of this case without prior permission of the court.

In the result, I. A. No. 2505 of 2021 stands disposed of The appellant shall remain present before this Court as and when the appeal is taken up for hearing. .

(Rajesh Kumar,J) kamlesh/