Sourabh Mahto @ Saurav Mahto vs The State Of Jharkhand
2021 Latest Caselaw 902 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             I.A. No. 3926 of 2020
                         in
             Cr. Appeal (S.J.) No. 395 of 2020
                         ...

Sourabh Mahto @ Saurav Mahto .... Appellant

-V e r s u s-

The State of Jharkhand ..... Respondent ...

Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...

For the Appellant : Mr. Tarun Kumar, Advocate. For the State : Ms. Vandana Bharti, APP ...

I.A. No. 3926 of 2020 ...

03/23.02.2021

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 appellant, during the pendency of

the appeal.

2. The appeal is directed against the judgment dated 09.10.2018,

passed by the court of learned Additional Judicial Commissioner-XII,

Ranchi in Sessions Trial No. 516 of 2017, whereby the appellant has

been found guilty and convicted for the offence under Sections 25 (1-

A) and 26 (2) read with Section 35 of the Arms Act and sentenced to

undergo rigorous imprisonment of 5 years and fine of Rs.5,000/-, on

each count. in default, thereof, to suffer simple imprisonment of 6

months.

3. Heard the learned counsel for the appellant and learned A.P.P.

It appears that the appellant has remained in custody from

25.04.2017 to 27.02.2018 during trial and he is in custody since

18.01.2020.

Considering the period of custody, the appellant is directed to be enlarged 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 Judicial

Commissioner-XII, Ranchi in connection with Sessions Trial No. 516

of 2017 on the condition that he shall deposit Rs.5,000/- as part of the

fine amount in the court below.

4. In the result, I.A. No. 3926 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK