Jharkhand High Court
Md. Alamgir vs The State Of Jharkhand on 26 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.3192 of 2021
In
Criminal Appeal (S.J.) No.74 of 2021
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Md. Alamgir ... ... 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. Anjani Kumar, Adv.
For the State : Mr. Tarun Kumar, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel
for the parties had no objections with it and submitted that the audio and
video qualities are good.
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I.A. No.3192 of 2021
05/26.07.2021: This interlocutory application has been filed on behalf of the
appellant under Section 389 (1) of the Code of Criminal Procedure, for
suspension of sentence and release him on bail, during pendency of the
instant appeal.
2. Having heard the learned counsel for the appellant and learned
APP for the State.
3. The appellant has been convicted for the offence under Sections
380 and 411 of the Indian Penal Code vide judgment of conviction dated
25.01.2021 and order of sentence dated 28.01.2021 passed in S.T. Case
No.148 of 2017 in connection with Chhotanagra P.S. Case No.03 of
2017 corresponding to G.R. Case No.152 of 2017, by the learned
Additional Sessions Judge-I, West Singhbhum at Chaibasa, whereby the
appellant has been sentenced to undergo rigorous imprisonment of six
(06) years with fine of Rs.5,000/- for the offence under Section 380 of
the Indian Penal Code, in default thereof, to undergo one month rigorous
imprisonment. Further, he has been sentenced to undergo rigorous
imprisonment of three (03) years for the offence under Section 411 of
the Indian Penal Code, in default thereof, to undergo one month rigorous
imprisonment.
4. It has been submitted by the learned counsel for the appellant
that the appellant is in custody since 23.03.2017 to 18.09.2019 (bail was
granted) during trial and from 29.11.2020 to till date. The appellant has
completed half of the sentence and further the witnesses who have been
examined in the TIP for identification of the stolen articles, have been
declared hostile. On the basis of above facts, the prayer for bail has been
made.
5. Learned counsel for the State has opposed the prayer for bail.
6. In the attending facts and circumstances of the case and
considering the period of custody, I am inclined to suspend the sentence
of the appellant and enlarge him on bail on his furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge-I, West
Singhbhum at Chaibasa, in S.T. Case No.148 of 2017 in connection with
Chhotanagra P.S. Case No.03 of 2017 corresponding to G.R. Case
No.152 of 2017, subject to the condition that the appellant will submit
self-attested photocopy of his Aadhar Card and also submit his mobile
number before the learned court below which he will always keep active
and will not change it during pendency of this case without prior
permission of the court.
7. In the result, I.A. No.3192 of 2021 is, hereby, allowed.
8. The appellant shall remain present before the Court, when the
appeal is taken up for hearing, failing which his bail shall be cancelled.
(Rajesh Kumar, J.)
Amar/-
