Jharkhand High Court
Pappu Yadav vs The State Of Jharkhand on 16 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.3430 of 2019
In
Criminal Appeal (S.J.) No.380 of 2019
---
Pappu Yadav ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
---
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
---
For the Appellant : Mr. Binod Kr. Dubey, Adv.
For the State : Mr. Sardhu Mahto, A.P.P.
---
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.
---
I.A. No.3430 of 2019
05/16.08.2021: 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 Section
326 of the Indian Penal Code vide judgment of conviction dated
19.02.2019 and has been sentenced vide order of sentence dated
22.02.2019 passed by the learned Additional Sessions Judge-III,
Hazaribag in Session Trial No.244 of 2012 arising out of Sadar P.S. Case
No.654 of 2011 corresponding to G.R. Case No.2994 of 2011, whereby
the appellant has been sentenced to undergo Rigorous Imprisonment of
seven (07) years with fine of Rs.5,000/- for the offence under Section
326 of the Indian Penal Code and in default of payment, to undergo
Simple Imprisonment for three months.
3. It has been submitted by the learned counsel for the appellant
that the appellant has been remained in custody for 32 months. It has
further been submitted that there is every chance that the appellant will
be acquitted from the charges and judgment of conviction dated
19.02.2019 and the order of sentence dated 22.02.2019 passed by the
learned trial court in S.T. No.244 of 2012 will be set aside.
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,
Hzaribag in Session Trial No.244 of 2012 arising out of Sadar P.S. Case
No.654 of 2011 corresponding to G.R. Case No.2994 of 2011, 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.3430 of 2019 is, hereby, allowed.
7. However, the trial court is directed to satisfy itself before
issuing the release order, "whether the appellant has served 32 months of
the sentence or not?" If the appellant has not served 32 months of the
sentence then the release order shall not be issued by the trial court 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/-
