Lukhar Mandal vs The State Of Jharkhand
2021 Latest Caselaw 825 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.303 of 2021
                          In
            Cr. Appeal (S.J.) No.342 of 2020

    1.   Lukhar Mandal
    2.   Jagdhar Mandal
    3.   Vijai Mandal                        ......      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. S. S. Choudhary, Advocate For the State : Mrs. Priya Shrestha, A.P.P.

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               th
06/Dated: 19        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 appeal is directed against the judgment dated 12.03.2020 passed in S.T. No. 179 of 2013 by the court of learned Additional Sessions Judge - III, Sahibganj, whereby the appellants have been found guilty and convicted for the offence under Sections 323, 504, 324, 307 read with Section 34 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of five years with fine of Rs.2,000/- under Section 307 of I.P.C, two years of R.I under Section 324 I.P.C, six months R.I under Section 323 I.P.C and Section 504 I.P.C each, in default of payment of fine, to suffer R.I of two months.

3. Heard learned counsel for the appellants and learned A.P.P. On perusal of the record it transpires that only P.W.-4, out of three injured persons, has been examined and as per P.W.-8, the Doctor, P.W.-4 sustained 1/4'' x 1/8'' x 1/8'' sharp cut wound. In the opinion of the Doctor the injury was simple in nature.

Considering the nature of injuries, 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 - III, Sahibganj, in connection with Sessions Trial No.179 of 2013, on the condition that the appellants shall deposit the fine amount of Rs.2,000/- (Two thousand) each, in the court below.

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

5. I.A. No.303 of 2021 stands allowed.

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