Mukesh Kumar vs The State Of Jharkhand
2021 Latest Caselaw 4573 Jhar

     IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 2564 of 2021

      Mukesh Kumar                                   .....     ...    Petitioner
                                   Versus
      The State of Jharkhand                          .....   ...     Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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      For the Petitioner :        Mr. Nilesh Kumar, Advocate
      For the State      :        Mrs. Vandana Bharti, A.P.P.
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05/ 02.12.2021     Heard Mr. Nilesh Kumar, learned counsel appearing on behalf

of the petitioner and Mrs.Vandana Bharti, learned counsel appearing on behalf of the State.

This petition has been field under section 389(2) Cr.P.C for suspension of sentence and against the order dated 03.08.2021 whereby the said privilege has been denied by the appellate court in Criminal Appeal No.04 of 2021, arising out of Kolebira P.S. Case No.27 of 2015, corresponding to G.R. No. 201 of 2015.

Mr. Nilesh Kumar, learned counsel appearing on behalf of the petitioner submits that the F.I.R was lodged alleging misappropriation of a sum of Rs.1,42,000/-, Rs.27,880/-, Rs.37,880/- and Rs.40,380/-. He submits that these amounts are with regard to different schemes. He submits that the work was not completed in view of the extremist threat. He submits that the trial court has sentenced the accused persons for five years under sections 406 and 409 I.P.C. Rs.35,980/- was found to be embezzled by the petitioner. He further submits that the said amount has already been deposited by the petitioner before the concerned authority which has been indicated in paragraph no.31 of the trial court judgment. The petitioners were already on regular bail throughout the trial and the petitioner is in custody after conviction since 22.03.2021.

Mrs. Vandana Bharti, the learned counsel appearing for the respondent State opposed the prayer of the petitioner.

In view of the above facts and considering that the petitioner has already deposited the amount and he was already on regular bail during the trial, the Court is inclined to exercise its powers under section 389(2) Cr.P.C. The sentence is kept under suspension till the finalization of the appeal. The petitioner, above named, shall be released on bail on furnishing bail bond of Rs.20,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Simdega in connection with Kolebira P.S. Case No. 27 of 2015, corresponding to G.R. No. 201 of 2015.

Let this order be communicated to the concerned court at the cost of the petitioner by FAX.

Cr.M.P. No.2564 of 2021 stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-