Deepak Kumar Sahu vs The State Of Jharkhand
2021 Latest Caselaw 61 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Appeal (S.J.) No.1138 of 2019

    1.    Deepak Kumar Sahu
    2.    Raju Kumar Sahu                  ......     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 Appellants : Mr. Rajan Sahay, Advocate For the State : Mr. V. K. Tiwary, A.P.P.

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09/Dated: 06th January, 2021

I.A. No.432 of 2020

1. Learned counsel for the appellants is not pressing the aforesaid interlocutory application.

2. Accordingly, I.A. No.432 of 2020 stands disposed off as not pressed.

I.A. No.6235 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/ appellant, during the pendency of the appeal.

2. This appeal is directed against the judgment dated 16.09.2019, passed by the court of learned Additional Sessions Judge - III, West Singhbhum at Chaibasa in S.T. Case No.186 of 2012, whereby the appellant was found guilty and convicted for the offences under Sections 143, 336, 353 and 427 of the Indian Penal Code and Section 150 of the Indian Railway Act, and sentenced to undergo rigorous imprisonment of three years under Section 150 of the Indian Railway Act.

3. Heard learned counsel for the petitioner/ appellant and learned AP.P. On perusal of the materials on record, it appears that the appellants were apprehended as they were leading the mob which indulged in pelting of stones on the train and the passengers.

Considering, the fact, that no injury report has been brought on record, I am inclined to suspend the sentence

and enlarge the appellants on bail, during the pendency of the appeal, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - III, West Singhbhum at Chaibasa, in connection with S.T. Case No.186 of 2012.

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

5. I.A. No.6235 of 2020 stands allowed.

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