Deepak Kumar Modi vs The State Of Jharkhand
2021 Latest Caselaw 119 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.5069 of 2020
                          In
            Cr. Appeal (S.J.) No.1085 of 2019

    Deepak Kumar Modi                        ......       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. Rakesh Kumar, Advocate For the State : Mr. Niki Sinha, A.P.P.

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04/Dated: 08th January, 2021

I.A. No.5069 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 341, 307 read with Section 34 of the Indian Penal Code and sentenced to undergo R.I of seven years for the offence under Section 307 I.P.C and to pay the fine of Rs.30,000/-, vide judgment dated 25.09.2019, in S.T. No.28 of 2019, passed by learned District & Additional Sessions Judge - II, Bokaro.

3. Learned counsel for the appellant has submitted that co-accused, Vikash Malakar has been granted bail by order dated 01.10.2020, passed by this Court in Cr. Appeal (S.J.) No.1092 of 2019 and the case of the appellant stands on similar footing.

4. Learned A.P.P has opposed but has not controverted the fact that the co-accused in similar circumstances, has been admitted to bail.

5. Heard. Considering, the fact, that the case of the appellant stands on same footing to that of co-accused, who has been admitted to bail, accordingly 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 District & Additional Sessions Judge - II, Bokaro, in connection with S.T. No.28 of 2019, subject to the condition that the petitioner shall deposit the fine amount of Rs.30,000/- (Rupees thirty thousand) 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.5069 of 2020 stands disposed off.

Cr. Appeal (S.J.) No.1085 of 2019

1. Office to delete the name of Mr. Gauri Shankar Prasad and mention the name of Ms. Niki Sinha, as the counsel for the State, in the cause list.

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