Jharkhand High Court
Loha Singh @ Loha Bhuiyan vs Vrs on 18 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 544 of 2018
Loha Singh @ Loha Bhuiyan ............Appellant
Vrs.
The State of Jharkhand ......... Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Appellant : Mr. Sanjay Prasad, Advocate
For the State : Mrs. Vandana Bharti, A.P.P.
12/18.08.2021 Heard Mr. Sanjay Prasad, learned counsel for the appellant and
Mrs. Vandana Bharti, learned A.P.P. for the State on the renewed prayer
for suspension of sentence of the appellant made through I.A. No. 3019 of
2020.
This appellant along with Sanjay Singh @ Sanjay Bauri @ Sanjay
Chauhan stands convicted for the offence punishable under Section 395 of
the I.P.C and another accused namely Kishore Prasad Burman stands
convicted under Section 412 of the I.P.C by the impugned judgment dated
08.03.2018 passed in Sessions Trial No. 432 of 2014 by the court of
learned Additional Sessions Judge VIII, Dhanbad and this appellant along
with Sanjay Singh @ Sanjay Bauri @ Sanjay Chauhan has been
sentenced to undergo R.I. for 10 years with a fine of Rs.5000/- each and a
default sentence under Section 395 I.P.C. while convict Kishore Prasad
Burman has been sentenced to undergo R.I. for 5 years and a fine of
Rs.10,000/- with a default sentence by the impugned order of sentence
dated 14.03.2018.
Learned counsel for the appellant submits that appellant has
remained in custody for more than 7 years out of the sentence of 10 years.
He further submits that other co-convict Sanjay Singh @ Sanjay Bauri @
Sanjay Chauhan has been granted bail by a co-ordinate Bench of this
Court vide order dated 13.05.2019 in Criminal Appeal (DB) No. 518 of
2018 Therefore, appellant may be enlarged on bail by suspending his
sentence
Learned A.P.P. has opposed the prayer and submit that appellant
was accused in 9 cases in the District of Dhanbad out of which 5 cases are
still pending. As such, appellant may not be enlarged on bail.
However, having considered the submissions of learned counsel for
the parties and the facts and circumstances of the case including the
period of custody undergone by this appellant since 02.05.2014 i.e., more
than 7 years out of the sentence of 10 years, we are inclined to grant the
privilege of suspension of sentence to the appellant.
Accordingly, the appellant above named, during the pendency of
this appeal, shall be enlarged on bail on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the like amount
each, to the satisfaction of learned Additional Sessions Judge VIII,
Dhanbad in connection with Sessions Trial No. 432 of 2014 with the
condition that appellant shall report before the Officer-In-charge of
Katras Police Station on the first Monday of a quarter i.e., after three
months; one of the bailors shall be the deponent of the appellant in the
instant I.A. namely Md. Guddu S/o Md. Ruthu, R/o Near Shanti Niketan
School, Kalali Phatak, P.O. Barwadih, P.S. Katras, District Dhanbad. The
deponent has enclosed the photo copy of his aadhar card along with
instant I.A. which shall be remitted to the learned Trial Court for
verification and genuineness of the bailor; the other bailor shall be the
wife of the appellant namely Baishali Devi, who has filed supplementary
affidavit. The appellant and his bailors shall not change their address or
mobile number without permission of the learned Trial Court. The
appellant shall be examined by the Civil Surgeon. If he is found corona
negative, he shall be released, otherwise he shall be taken for quarantine.
I.A. No. 3019 of 2020 stands allowed.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
