Rana Gope vs The State Of Jharkhand
2021 Latest Caselaw 2340 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.2962 of 2021
                           In
             Cr. Appeal (S.J.) No.231 of 2020

     Rana Gope                                    ......       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 : Mr. Nilesh Kumar, Advocate For the State : Ms. Priya Shrestha, 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.

04/Dated: 14th July, 2021 I.A. No.2962 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 dated 28.01.2020 and order of sentence dated 31.01.2020, passed by the court of learned Additional Judicial Commissioner - VI, Ranchi, in S.T. No.205 of 2017, whereby the appellant has been convicted for the offence under Sections 25 (1-A) and 26(2) of the Arms Act, and sentenced to undergo rigorous imprisonment of five years and to pay a fine of Rs.5,000/-, on each count, in default thereof, to suffer simple imprisonment of two months for the offence under Section 26(2) of the Arms Act.

3. Heard learned counsel for the appellant and learned A.P.P.

4. The prayer for suspension of sentence of the appellant has been rejected earlier vide order dated 29.06.2020, wherein in para - 4 of the order, liberty was given to the appellant, which reads as under :-

"4. In view of the materials on record, I am not inclined to suspend the sentence and enlarge the appellant on bail, accordingly I.A. No.3199 of 2020 stands rejected. If the appeal is not taken up for hearing by June, 2021, the appellant is at liberty to renew his prayer for bail."

5. In view of the above observation and considering the fact that there is no likelihood of hearing of the appeal in the near future, and further, the appellant has remained in custody for about one year and ten months, 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 Judicial Commissioner - VI, Ranchi, in connection with S.T. No.205 of 2017, subject to the condition that the appellant shall deposit the fine amount of Rs.10,000/- (Ten thousand) in the court below.

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

7. I.A. No.2962 of 2021 stands allowed.

(Rajesh Kumar, J.) Chandan/-