Jharkhand High Court
Akshay Kumar Singh vs The State Of Jharkhand on 9 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.6005 of 2020
In
Criminal Appeal (S.J.) No.632 of 2020
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Akshay Kumar Singh ... ... 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. Santosh Kr. Tiwari, Adv.
For the State : Mr. Saket Kumar, 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.6005 of 2020
06/09.08.2021: This interlocutory application has been filed by 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 Section
304(II) of the Indian Penal Code vide judgment of conviction dated
23.09.2020 and has been sentenced vide order of sentence dated
24.09.2020 passed by the learned Additional Sessions Judge-III, Garhwa
in S.T. No.334 of 2018 arising out of Bhawnathpur P.S. Case No.149 of
2018, corresponding to G.R. Case No.1566 of 2018, whereby the
appellant has been sentenced to undergo Rigorous Imprisonment of five
(05) years for the offence under Section 304(II) of the Indian Penal
Code.
3. It has been submitted by the learned counsel for the appellant
that the appellant has served the half of the sentence as imposed by the
court below. The reason for dispute between the parties is collection of
water for drinking purpose. On the above facts, the prayer for suspension
of the 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-III,
Garhwa in S.T. No.334 of 2018 arising out of Bhawnathpur P.S. Case
No.149 of 2018, corresponding to G.R. Case No.1566 of 2018, 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. In the result, I.A. No.6005 of 2020 is, hereby, allowed.
7. However, the court below is directed to satisfy itself before
issuing the release order, "whether the appellant has served half of the
sentences or not?" If the appellant has not served half of the sentence
then the release order shall not be issued and the matter will be reported
to this Court.
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/-
