Mohan Thakur vs The State Of Jharkhand
2021 Latest Caselaw 184 Jhar

          IN THE      HIGH     COURT OF JHARKHAND                        AT   RANCHI
                       Criminal Appeal (DB) No. 322 of 2018

          Mohan Thakur                                       .....   ...   Appellant
                                        Versus
          The State of Jharkhand.                      .....           ...   Respondent
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          CORAM          : HON'BLE MR. JUSTICE H. C. MISHRA
                             HON'BLE MR. JUSTICE RAJESH KUMAR
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          For the Appellant       :     Mr. Ramawatar Sharma, Advocate
          For the State           :     Mr. Ashok Kumar, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 6192 of 2020

4/ 13.01.2021 Heard learned counsel for the appellant and learned counsel for the State on the interlocutory application filed by the appellant for suspension of conviction and order of sentence, during the pendency of this appeal.

The appellant has been convicted and sentenced for the offences under Sections 147, 148, 302 / 149 of the Indian Penal Code.

The appellant has already been granted bail by order dated 9.4.2018 passed in I.A. No. 2258 of 2018, noting the fact that there is no allegation of assault against the appellant and the appellant was on bail during the trial.

The appellant has filed this interlocutory application praying for suspension of conviction and sentence on the ground that he has been terminated from service due to the Judgment of conviction and sentence passed against him.

In the facts of this case and taking into consideration the grounds on which, the appellant was granted bail, we hereby, suspend the Judgment of conviction dated 14.2.2018 and order of sentence dated 19.2.2018 passed against the appellant in Sessions Trial No. 296 of 2005, by the learned Addl. Sessions Judge-1, Giridih, during the pendency of this appeal.

The aforesaid interlocutory application is accordingly, allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kr.