Jharkhand High Court
Anirudha Bhakat @ Anirudh Bhakat vs The State Of Jharkhand on 4 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.662 of 2021
In
Criminal Appeal (S.J.) No.30 of 2021
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Anirudha Bhakat @ Anirudh Bhakat ... ... 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 : Mr. Anurag Kashyap, Adv.
For the State : Mr. Shailendra Kr. Tiwari, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel
for the parties had no objections with it and submitted that the audio and
video qualities are good.
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I.A. No.662 of 2021
05/04.08.2021: This interlocutory application has been filed on behalf of the
appellant under Section 389 (1) of the Code of Criminal Procedure, for
suspension of sentence and release him on bail, during pendency of the
instant appeal.
2. The appellant has been convicted for the offence under Sections
420 and 120B of the Indian Penal Code vide judgment of conviction
dated 28.08.2020 and has been sentenced vide order of sentence dated
31.08.2020 passed by the learned Additional Sessions Judge-II, East
Singhbhum, Jamshedpur in Cyber Crime Case No.10 of 2019 arising out
of Galudih P.S. Case No.23 of 2017 corresponding to G.R. Case No.263
of 2017, whereby the appellant has been sentenced to undergo Rigorous
Imprisonment of five (05) years with fine of Rs.5,000/- for the offence
under Section 420 of the Indian Penal Code and in default, thereof to
undergo R.I. for two (02) months. Further, the appellant has been
sentenced to undergo Rigorous Imprisonment of three (03) years with
fine of Rs.3,000/- and in default thereof to undergo R.I. for one (01)
month.
3. It has been submitted by the learned counsel for the appellant
that the appellant is in custody since 07.07.2017 and he has already
served half of the sentence as imposed by the court below. Further, it has
been submitted that the similarly situated co-accused persons namely
Chunnu Kumar @ Chanu Kumar in Cr. Appeal (S.J.) No.546 of 2020
and Anant Kumar @ Dara Singh in Cr. Appeal (S.J.) No.547 of 2020,
have already been granted bail by this Court vide order dated
07.01.2021. On the aforesaid submission, the prayer for suspension of
sentence and grant of bail has been made.
4. Learned counsel for the State has opposed the prayer for bail.
5. In the attending facts and circumstances of the case and
considering the period of custody, I am inclined to suspend the sentence
of the appellant and enlarge him on bail on his furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge-II, East
Singhbhum, Jamshedpur in Cyber Crime Case No.10 of 2019 arising out
of Galudih P.S. Case No.23 of 2017 corresponding to G.R. Case No.263
of 2017, subject to the condition that the appellant will submit self-
attested photocopy of his Aadhar Card and also submit his mobile
number before the learned court below which he will always keep active
and will not change it during pendency of this case without prior
permission of the court.
6. However, the trial court is directed to satisfy itself before
issuing the release order, "whether the appellant has served half of the
sentence or not?" If the appellant has not served half of the sentence
then the release order shall not be issued by the trial court and the matter
will be reported to this Court.
7. In the result, I.A. No.662 of 2021 is, hereby, allowed.
8. The appellant shall remain present before the Court, when the
appeal is taken up for hearing, failing which his bail shall be cancelled.
(Rajesh Kumar, J.)
Amar/-
