Jharkhand High Court
Lakhiram Hembrum vs The State Of Jharkhand on 7 July, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.11847 of 2019
In
Cr. Appeal (S.J.) No.1221 of 2019
1. Lakhiram Hembrum
2. Malinder Hembrum ...... Appellants
Versus
The State of Jharkhand ..... Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellants : Mr. Sunil Singh, Advocate
For the State : Mr. Azeemuddin, A.P.P.
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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.
05/Dated: 07th July, 2021
I.A. No.11847 of 2019
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
appellants, during the pendency of the appeal.
2. The instant appeal has been preferred against the
judgment of conviction dated 16.11.2019 and order of
sentence dated 18.11.2019, passed by the court of learned
Additional Sessions Judge - IV, Bokaro, in S. T. Case No.136 of
2017, whereby the appellants have been convicted for the
offence under Section 325 of the Indian Penal Code, and
sentenced to undergo rigorous imprisonment of five years
and fine of Rs.10,000/- (Rupees twenty five thousand) each, in
default thereof, to suffer simple imprisonment of three
months.
3. It has been submitted by the learned counsel for the
appellants that the appellants are in custody since 18.11.2019
and they have remained in custody for about one year and
seven months. The allegation against the appellants is that
they have assaulted the other side by sword and tangi, but
the injury report, as proved by the P.Ws. - 6 & 7, suggests that
injuries are simple in nature and caused by hard and blunt
substance. It has further been submitted that the dispute had
taken place in the field while the cultivation was going on. On
the above facts, prayer for suspension of sentence and grant
of bail has been made.
4. On the other hand, learned A.P.P has opposed the
prayer for bail.
5. In the attending facts and circumstances of the case, 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 - IV,
Bokaro, in connection with S. T. Case No.136 of 2017, subject
to the condition that the appellants shall deposit the fine
amount of Rs.10,000/- (Ten thousand) each in the court below.
6. The appellants shall remain present before the Court,
when the appeal is taken up for hearing, failing which their
bail shall be cancelled.
7. I.A. No.11847 of 2019 stands allowed.
(Rajesh Kumar, J.)
Chandan/-
