Krishna Doraiburu @ Patait vs The State Of Jharkhand
2021 Latest Caselaw 11 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.1168 of 2020
                          In
            Cr. Appeal (S.J.) No.1097 of 2019

    Krishna Doraiburu @ Patait                     ......     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. Anjani Kumar, Advocate For the State : Mr. P. D. Agrawal, A.P.P.

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07/Dated: 04th January, 2021

I.A. No.1168 of 2020

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

2. The appellant/ petitioner has been convicted for the offence under Sections 452 and 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of three years and five years respectively, and to pay the fine of Rs.5,000/- on each count, and in default thereof, to suffer R.I of one year, vide judgment dated 11.07.2019, passed by the court of learned Additional Sessions Judge - I, West Singhbhum at Chaibasa, in S.T. No.192 of 2017.

3. Heard learned counsel for the petitioner/ appellant and learned P.P. On perusal of the materials on record it transpires that the appellant is in custody since 08.08.2017.

Considering, the fact, that the appellant has remained in custody for more than three years out of the imposed sentence of five years, 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 - I, West Singhbhum at Chaibasa, in connection with S.T. No.192 of 2017, subject to the condition that the appellant shall deposit Rs.5,000/-

(Rupees five thousand), part of the fine amount, in the court below.

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

5. I.A. No.1168 of 2020 stands allowed.

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