Lalan Saw vs The State Of Jharkhand
2021 Latest Caselaw 4722 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    I.A. No. 5576 of 2020
                                              IN
                       Criminal Appeal (D.B.) No.1328 of 2018
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        Lalan Saw                                              ...... Appellant(s).
                                    Versus
        The State of Jharkhand.                          .......        Respondent.
                                ------
    CORAM     : HON'BLE MR. JUSTICE ANANDA SEN
              : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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        For the Appellant(s)        : Mr. P.P.N. Roy, Sr. Advocate.
                                      Mr. Arwind Kumar, Advocate.
        For the State                 Mr. Arun Pawan Topno, A.P.P.
                                           ------
                            I.A. No. 5576 of 2020

04/09.12.2021          Heard learned senior counsel for appellant and learned counsel for the
           State.

By way of filing this Interlocutory application, appellant has renewed his prayer to suspend the sentence and release him on bail, which was earlier withdrawn, during pendency of this appeal.

Learned senior counsel for the appellants submits that even admitting the fact what has been transpired during the trial, it is a case of the land dispute between the parties and the allegation is that this appellant inflicted only one sword blow on the head of the father of the informant. He further submits that medical evidences also do not corroborates the statement in the FIR, on the point of injury. He also submits that the appellant is in custody for more than seven years and nine months and there is no likelihood of hearing this appeal in near future.

Learned A.P.P. opposes the prayer for bail of the appellant and submits that several eye witnesses have seen this appellant assaulting the deceased.

Considering the fact that there was land dispute between the parties, which is evident from the impugned judgment itself and the fact that there is no likelihood of hearing this appeal in near future, we are inclined to allow this interlocutory application. The Sentence against the appellant, above named, is suspended and he is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Addl. Sessions Judge-III, Hazaribagh, in connection with Sessions Trial No.197/2014, subject to condition that he will mark his attendance once in every six months before the Registrar, Civil Court, Hazaribagh, till disposal of this appeal.

Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

Anu-CP3. (SANJAY KUMAR DWIVEDI, J.)