Swapan Kumar Mahato vs The State Of Jharkhand
2021 Latest Caselaw 588 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.2769 of 2020
                          In
            Cr. Appeal (S.J.) No.193 of 2020

    1.   Swapan Kumar Mahato
    2.   Ganesh Mahato
    3.   Sandip Bhakat                      ......      Appellants

                             Versus
    The State of Jharkhand                  .....    Respondent
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Appellants : Mr. Vikas Kumar, Advocate For the State : Mr. Saket Kumar, A.P.P.

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               th
06/Dated: 08        February, 2021

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioners/ appellants, during the pendency of the appeal.

2. The petitioners/ appellants have been convicted for the offence under Sections 25(1-B)a/35, and 26(1)/35 of the Arms Act by the court of learned Additional Sessions Judge

- II, Ghatshila, East Singhbhum, in Sessions Trial Case No.39 of 2019.

3. Learned counsel for the appellants has submitted that the appellants have remained in custody from 24.09.2018 to 30.04.2019 during trial and from 11.02.2020 till date after the judgment of conviction.

4. Learned A.P.P has opposed.

5. Heard. Considering, the fact, that the appellants have remained in jail custody for more than one and half years out of the imposed sentence of three years, accordingly I am inclined to suspend the sentence and enlarge the appellants on bail, during the pendency of the appeal, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II, Ghatshila, East Singhbhum, in connection with Sessions Trial Case No.39 of 2019, on the condition that the

appellants shall deposit the fine amount of Rs.2,000/- (Two thousand) each, in the court below.

6. The appellants shall remain present before the Court, when the appeal is taken up for hearing, failing which their bail shall be cancelled.

7. I.A. No.2769 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) Chandan/-