Sanjay Lohar vs The State Of Jharkhand
2021 Latest Caselaw 2177 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 08 of 2021
                                         ....

1. Sanjay Lohar

2. Rajesh Lohar .... Appellants Versus The State of Jharkhand .... Respondent ....

             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellants             : Mr. Aashish Kumar, Adv.
                For the State                  : Mr. Someshwar Roy, APP
                                               ....

The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

03/02.07.2021 I.A. No. 275 of 2021 This application has been filed under Section 389(1) of the Criminal Procedure Code on behalf of the appellants, for suspension of sentence and grant of bail to the appellants, during the pendency of the instant appeal.

The appellants have been convicted for the offence under Sections 304 Part-II read with section 34 of the Indian Penal Code in S.T. No.163 of 2019 arising out of G.R. No.182 of 2019, Lalmatia P.S. Case No.33 of 2019 vide judgment dated 07.12.2020 and order of sentence dated 09.12.2020 by the court of learned District & Additional Sessions Judge-V, Godda and sentenced them to undergo R.I. for seven years for the offence under Section 304 part-II read with section 34 of the IPC with a fine of Rs.10,000/- each and in default of payment of fine, further sentenced to undergo R.I. for six months.

Learned counsel for the appellants has submitted that the appellants are in custody since 25.05.2019. The maximum punishment awarded under Section 304 Part-II of the IPC is seven years R.I. It has been further alleged that the claimed witness is the mother of the deceased but there is contradiction in her deposition. The injury suggests that it was simple scuffle between the parties by use of hands. It has been further submitted that the appellants are ready to deposit Rs.20,000/- each as ad interim compensation to the mother of the deceased. On above facts, prayer for suspension of sentence has been made.

Learned APP has opposed the prayer.

Considering the material available on record and the period of custody, I am inclined to suspend the sentence of these appellants, accordingly the appellants are directed to be enlarged on bail, 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-V, Godda in S.T. No.163 of 2019 arising out of G.R. No.182 of 2019, Lalmatia P.S. Case No.33 of 2019, subject to the condition that the appellants will deposit Rs.20,000/- each as ad interim compensation in the court below before their release and the said amount will be released in favour of mother of the deceased further the appellants shall remain present before the Court as and when the appeal is taken up for hearing, failing which their bail bond shall be cancelled.

I.A. No.275 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/