Babloo Pasi vs The State Of Jharkhand
2021 Latest Caselaw 43 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 4660 of 2020
                         in
             Cr. Appeal (S.J.) No. 471 of 2020
                         ...

Babloo Pasi                            ....       Appellant
                         -V e r s u s-
The State of Jharkhand                      ..... Respondent
                         ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                         ...

For the Appellant : Mr. Jawahar Sah, Advocate.
For the State     : Mr. Tapas Roy, APP.
                         ...
                  I.A. No. 4660 of 2020
                         ...
05/05.01.2021

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 appellant has been convicted for the offence under Section 395 of the Indian Penal Code and sentenced to undergo R.I. of 5 years and to pay a fine of Rs.5,000/-, in default, thereof, to further suffer simple imprisonment of 6 months, vide judgment dated 26.02.2019, passed by the learned Additional Judicial Commissioner-VII-cum- Special Judge, C.B.I. (AHD)-cum-Special Court (CAW), Ranchi in S.T. No. 207 of 2018.

3. It appears that on similar allegations, co-accused Vishal Choudhary and Rajesh Pashi @ Rajesh Pasi @ Rajesh Nag @ Rustam in Cr. Appeal (SJ) No. 297 of 2019, vide order dated 13.01.2020, Deepak Pasi in Cr. Appeal (SJ) No. 65 of 2020, vide order dated 03.09.2020 and Birbal Pasi in Cr. Appeal (SJ) No. 310 of 2019, vide order dated 10.01.2020 have been granted bail by this Court.

4. Having heard the learned counsel for the appellant and learned A.P.P. and on perusal of the materials on record, it appears that the appellant is in jail custody since 25.12.2017.

5. Considering, the fact, that the case of the appellant stands on the same footing to that of the co-accused who have been admitted to bail, accordingly, 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-VII- cum-Special Judge, C.B.I. (AHD)-cum-Special Court (CAW), Ranchi in connection with S.T. No. 207 of 2018 subject to the condition that the appellant shall deposit Rs.2,500/- (Rupees Two thousand five hundred) as part of the fine amount in the court below.

6. In the result, I.A. No. 4660 of 2020 stands allowed.

...

Cr. Appeal (S.J.) No. 471 of 2020 ...

1. This appeal shall be heard.

2. Admit.

3. The lower court record has already been received.

4. Office to list this appeal under the heading 'For hearing'.

(AMITAV K. GUPTA, J.) APK