Jharkhand High Court
Rehan Ansari vs The State Of Jharkhand on 23 August, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.3832 of 2020
In
Cr. Appeal (S.J.) No.370 of 2020
Rehan Ansari ...... 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. D. K. Malityar, Advocate
For the State : Mrs. Niki Sinha, 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.
05/Dated: 23rd August, 2021
I.A. No.3832 of 2020
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 dated 11.02.2020 and order of sentence dated
27.02.2020, passed by the court of learned Additional
Sessions Judge - XVI -cum- FTC crime against women,
Dhanbad, in Sessions Trial No.208 of 2018, whereby the
appellant has been convicted for the offence under Sections
306 and 498(A) of the Indian Penal Code, and sentenced to
undergo rigorous imprisonment of seven years and three
years with fine of Rs.10,000/- and 5,000/- on each count with
the default clause.
3. Learned counsel for the appellant has submitted that as
per the allegation, it has been alleged that the victim has
committed suicide due to demand of dowry. The cause of
death is asphyxia due to hanging. It has been further
submitted by the learned counsel for the appellant 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- XVI -cum- FTC crime against women,
Dhanbad, in connection with S.T. No.208 of 2018, 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.3832 of 2020 stands disposed off.
(Rajesh Kumar, J.)
Chandan/-
