Deepak Karmali vs The State Of Jharkhand
2021 Latest Caselaw 2796 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
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Cr. A (SJ) No. 146 of 2021

1. Deepak Karmali

2. Sheo Ratan Karmali .....Appellants Versus The State of Jharkhand ....Respondent

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Coram: HON'BLE MR JUSTICE RAJESH KUMAR

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For the Appellants : M/s A. K. Chaturvedy, Adv. For the State : Mr. Veervijay Pradhan, 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. 3481 of 2021

05/09.08.2021 The instant interlocutory application has been filed on behalf of the appellants for suspension of sentence, during pendency of the instant criminal appeal.

This appeal is directed against the judgment of conviction dated 17.02.2021and order of sentence dated 23.02.2021 passed by Shri Abhimanyu Kumar, learned Addl. Sessions Judge-IV, Ramgarh in Sessions Trial No. 111 of 2018 whereby and whereunder the appellants have been convicted for the offence under Section 304 Part-II read with Section 34 of the Indian Penal Code and sentenced R. I. for five years for the offence under Section 304 Part-II of the Indian Penal Code and was directed to pay a fine of Rs. 20,000/- to the victim as compensation.

It has been submitted by the learned counsel for the appellants that the appellants are in custody since 27.02.2018 i.e. more than half of the sentence awarded by the Court below. It has been further submitted that there is serious discrepancies in the evidences. On the above fact, prayer for bail has been made.

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

Considering the period of custody, during pendency of this appeal, I am inclined to suspend the sentence and enlarge the appellants on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IV, Ramgarh in connection with Sessions Trial No. 111 of 2018 on the condition that the appellants will submit self attested copy of their Aadhar Card and also submit their mobile number before the court below, which they will not change during the pendency of this case without prior permission of the court.

However, the Court below before issuing release order, shall satisfy itself regarding the fact that the appellants have remained in custody for about half of the sentences awarded by the Court below and, if not, will report the matter to this Court.

In the result, I. A. No. 3481 of 2021 stands disposed of The appellants shall remain present before this Court as and when the appeal is taken up for hearing. .

(Rajesh Kumar,J) kamlesh/