Saddam Ansari vs The State Of Jharkhand
2021 Latest Caselaw 824 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.768 of 2021
                          In
            Cr. Appeal (S.J.) No.361 of 2020

    Saddam Ansari                                  ......     Appellant

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

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For the Appellant : Mr. Ramesh Kumar, Advocate For the State : Ms. Anuradha Sahay, A.P.P.

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05/Dated: 19th 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 petitioner/ appellant, during the pendency of the appeal.

2. The appeal is directed against the judgment dated 05.03.2020 passed in S.T. No. 303 of 2018 by the court of learned Additional Sessions Judge - III, Garhwa, whereby the appellant and co-accused have been found guilty and convicted for the offence under Sections 399 and 402 of the Indian Penal Code, Sections 25(1-A), 25(1-b)a and 26 of the arms Act, and sentenced to undergo rigorous imprisonment of seven years and fine of Rs.10,000/- for the offence under Section 25(1-A), R.I of two years and fine of Rs.2,000/- under Section 25(1-b)a and R.I of five years and fine of Rs.2,000/- for the offence under Section 26 of the Arms Act respectively with a default clause.

3. Learned counsel for the appellant has submitted that this Court while considering the period of custody, the co- convicts, have been granted bail by order dated 03.11.2020. It is submitted that the appellant is in custody for nearly three years.

4. Learned A.P.P., has opposed the prayer for bail, but has not controverted the fact that co-convicts have been admitted to bail.

5. Heard. Considering the period of custody of the appellant, I am inclined to suspend the sentence and

enlarge the appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - III, Garhwa, in connection with Sessions Trial No.303 of 2018, on the condition that the appellant shall deposit Rs.5,000/- (Five thousand), as part of the fine amount, in the court below.

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

7. I.A. No.768 of 2021 stands allowed.

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