Jitendra Kumar Singh vs The State Of Jharkhand
2021 Latest Caselaw 4613 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 54 of 2021
                                          ....

              Jitendra Kumar Singh                                  ....    Appellant
                                          Versus
             The State of Jharkhand                                  .... Respondent
                                          ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                : Mr. Anjani Kumar, Adv.
                For the State                    : Mr. Rajesh Kumar, APP
                                                 ....

03/06.12.2021                I.A. No.5268 of 2021

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and prayer for bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment dated 28.02.2020 passed by Addl. Sessions Judge-II, Chaibasa in S.T. No.164 of 2014, whereby the appellant has been convicted for the offence under Sections 5(a) of the Explosive Substances Act and was sentenced to undergo R.I. for seven years with fine of Rs.25,000/- and in default of payment of fine, further sentenced to undergo R.I. for six months.

Learned counsel for the appellant has submitted that the appellant is in custody for more than two years. Further the seized article has not been sealed and seizure list witnesses have not been examined. The recovery of explosive article from the conscious possession of this accused has not been proved. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer.

Considering the period of custody and the material available on record, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Chaibasa in S.T. No.164 of 2014, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No. 5268 of 2021 stands disposed off.

(Rajesh Kumar, J.) Shahid/