Charku Kharia vs The State Of Jharkhand
2021 Latest Caselaw 2277 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.24 of 2021
                         In
            Cr. Appeal (S.J.) No.163 of 2020

    Charku Kharia                            ......      Appellant

                             Versus
    The State of Jharkhand                   .....    Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Appellant        : Mrs. Vani Kumari, Advocate
    For the State            : Mr. S. K. Dubey, 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.

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               th
06/Dated: 08        July, 2021

I.A. No.24 of 2021

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 appellant, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction and order of sentence dated 16.01.2020, passed by the court of learned Additional Sessions Judge - I, Simdega, in Sessions Trial No.13 of 2016, whereby this appellant has been convicted for the offence under Sections 25(1-A)/ 35 and 26(2)/ 35 of the Arms Act, and sentenced to undergo rigorous imprisonment of five years and fine of Rs.10,000/- (Rupees ten thousand), on each count and, in default thereof, to suffer rigorous imprisonment of six months.

3. It has been submitted by the learned counsel for the appellant that this appellant has faced the trial and other two accused persons have become absconder. It has further been submitted that the arms were not sealed at the spot, hence chance of tempering with evidence cannot be ruled out. Further, the appellant has remained in custody for about twenty months. 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. Considering the materials available on record and the period of custody undergone by the appellant, I am inclined to suspend the sentence and enlarge the appellant 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 Sessions Judge - I, Simdega, in connection with S.T. No.13 of 2016, on the condition that the appellant shall deposit the fine amount of Rs.20,000/- (Twenty thousand) in the court below.

However, the court below, before issuing the release order, shall satisfy itself regarding the fact that the appellant has remained in custody for twenty months, if not, the release order shall not be issued and the matter shall be reported to this Court.

6. I.A. No.24 of 2021 stands allowed.

(Rajesh Kumar, J.) Chandan/-