Pankaj Dubey @ Santosh Singh vs The State Of Jharkhand
2021 Latest Caselaw 3038 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.2801 of 2021
                           In
             Cr. Appeal (S.J.) No.694 of 2020

     Pankaj Dubey @ Santosh 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. Amit Kumar, Advocate For the State : Mr. S. K. Shukla, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

04/Dated: 23rd August, 2021 I.A. No.2801 of 2021

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction and order of sentence dated 14.09.2020, passed by the court of learned Additional Sessions Judge-IV, Jamshedpur, in Sessions Trial No.312 of 2019, whereby the appellant has been convicted for the offence under Sections 25(1A), and 25(1-B)a/35 of the Arms Act, and sentenced to undergo rigorous imprisonment of seven years and three years with fine of Rs.25,000/- and 10,000/- respectively, with the default clause.

3. Learned counsel for the appellant has submitted that the appellant has remained in custody for half of the sentence. On the above facts, prayer for suspension of sentence has been made.

4. On the other hand, learned A.P.P has opposed the prayer for suspension of sentence.

5. Considering the fact that the appellant has completed half of the sentence, as such, I am inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

like amount each to the satisfaction of learned Additional Sessions Judge-IV, Jamshedpur, in connection with S.T. No.312 of 2019, subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed half of the sentence and if not, then no release order will be issued and the matter will be reported to this Court.

7. I.A. No.2801 of 2021 stands disposed off.

(Rajesh Kumar, J.) Chandan/-