Jamshed Ansari vs The State Of Jharkhand
2021 Latest Caselaw 2370 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (DB) No. 1349 of 2016
                                        ......

        Jamshed Ansari                                           --- --- Appellant
                                       Versus
        The State of Jharkhand                                   -- --- Respondent
                                           ---

CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Kailash Prasad Deo Through Video Conferencing

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For the Appellant : Mr. B.M. Tripathy, Sr. Adv., Mr. Kripa Shankar Nanda, Adv.

              For the State            : Mr. Saket Kumar, A.P.P.
                                            ---

10/15.07.2021         Heard Learned Senior Counsel for the appellant Mr. B.M.

Tripathy assisted by Mr. Kripa Shankar Nanda and learned A.P.P. Mr. Saket Kumar.

I.A. No.6300/2019 has been preferred by the appellant for suspension of sentence during pendency of the appeal as the appellant has served half of the sentence awarded by the learned Trial Court vide judgment of conviction dated 13.06.2016 and order of sentence dated 16.06.2016 passed by learned Additional Judicial Commissioner-XVII cum FTC (CAW), Ranchi in S.T. No.596 of 2014 / T.R. No.134 of 2014.

It appears that the appellant has been convicted for the offence punishable under Sections 366 and 376 IPC. The learned trial court awarded rigorous imprisonment for 10 years and a fine of Rs.5,000/-, in default S.I. for three months for the offence under Section 366 I.P.C. and also awarded rigorous imprisonment for 7 years along with a fine of Rs.5,000/-, in default S.I. for 3 months for the offence under Section 376 I.P.C. Both the sentences shall run concurrently.

Learned senior counsel for the appellant submits that half of the sentence has already been served by the appellant. As such, the appellant may be released on bail after suspending the sentence in view of seven years of custody.

Learned counsel for the State Mr. Saket Kumar, A.P.P. has opposed the prayer for bail and has submitted that prayer of the appellant for bail was earlier rejected on 09.01.2018. As such, no fresh grounds are made out to reconsider the prayer for bail.

Considering the rival submissions of learned counsel for the parties, since the appellant has already served more than seven years out of the sentence of 10 years, this Court is inclined to enlarge the appellant on bail by suspending the sentence during pendency of the appeal on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-XVII cum FTC (CAW), Ranchi in connection with S.T. No.596 of 2014 / T.R. No.134 of 2014, subject to the conditions that both the bailors shall be close relatives, i.e. father/mother/brother/sister. However, the appellant shall not change his residential address without prior permission of the learned court below in future. The Civil Surgeon, Ranchi shall get the appellant examined before his release. If he is found infected by Coronavirus, he shall be taken for quarantine, otherwise he shall be released forthwith. The appellant shall cooperate during hearing of the appeal. I.A. No.6300 of 2019 stands disposed of.

(Aparesh Kumar Singh, J.)

(Kailash Prasad Deo, J.) Shamim/