Jharkhand High Court
Bablu Pandey @ Baba vs The State Of Jharkhand on 13 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 807 of 2019
Bablu Pandey @ Baba ....Appellant
Versus
The State of Jharkhand ... Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mr. Ramawatar Sharma, Advocate
For the State : Mrs. Lily Sahay, A.P.P
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05/13.12.2021 Heard learned counsel for the appellant, Mr. Ramawatar Sharma
and learned A.P.P, Mrs. Lily Sahay on the prayer for suspension of sentence
made by appellant through I.A. No. 4473 of 2021.
Sole appellant along with co-convicts, Shashi Bhushan Singh @
Bhushan Singh and Shashi Ranjan Kumar have been held guilty under Section
394 of I.P.C. However, they have been acquitted of the charges under Section
397, 120(B) & 411 of I.P.C while other accused, Raj Kumar @ Raja Singh,
Vicky Singh and Santosh Kumar Singh have been acquitted of the charges
under Section 394,397,120(B) of I.P.C by the impugned judgment dated
02.07.2019 passed by learned Additional Sessions Judge-II, Koderma in
connection with Sessions Trial No. 06 of 2013 and all the three convicts have
been sentenced to undergo R.I. for 10 years with a fine of Rs. 10,000/- each and
default sentence each under Section 394 of I.P.C.C by the impugned order of
sentence dated 09.07.2019.
Learned counsel for the appellant submits that the appellant along
with Shashi Ranjan Kumar were allegedly apprehended from a hotel room on
the pointing of other accused, Shashi Bhushan Singh @ Bhushan Singh, who
was said to have been apprehended while fleeing from the farm house by the
police and from these two persons, recovery of cash and a mobile phone etc.
was made. It is submitted that prosecution witness nos. 6 and 7 have turned
hostile, who were allegedly with the informant P.W.1 in the farm house and
P.W. 3 has also not supported the occurrence. Except the informant, other
witnesses did not identify the other accused Shashi Bhushan Singh @ Bhushan
Singh, who was reportedly arrested from the farm house. It is further submitted
that co-convict Shashi Ranjan Kumar has been enlarged on bail by the
coordinate Bench of this Court vide order dated 23.11.2021 in Cr. Appeal (DB)
No. 789 of 2019. The case of the present appellant stands on similar footing to
that of appellant Shashi Ranjan Kumar, who was released on bail having
remained in custody for about 3 years and 6 months. The present appellant has
been in jail custody for about 3 years and 7 months till date. It is submitted that
learned trial court had also recorded that there is no previous conviction of the
appellant and I.O had not stated about the criminal antecedent of the convicts.
Therefore, the appellant may also be enlarged on bail.
Learned A.P.P has opposed the prayer. It is submitted that the
robbery was committed by the accused persons and upon arrest of one of them
from the farm house itself and on his pointing, these two convicts were arrested
from the hotel and recoveries were also made. Therefore, appellant may not be
enlarged on bail.
Upon consideration of the rival submission of the parties and
material on record relied upon by them and the period of custody undergone by
the appellant and also taking into account the order granting bail to the co-
convict, Shashi Ranjan Kumar dated 23.11.2021, we are inclined to grant bail to
the appellant by suspending his sentence during pendency of this appeal.
Accordingly, appellant above-named shall be released on bail, during the
pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each, to the satisfaction of
learned Additional Sessions Judge-II, Koderma in connection with Sessions
Trial No. 06 of 2013, subject to the conditions that appellant and his bailors
shall not change their address or mobile number without permission of the
learned Trial Court. Appellant and their bailors shall also furnish photo copy of
their Aadhar Card before the learned Trial Court at the time of his release.
I.A. No. I.A. No. 4473 of 2021 stands allowed.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
