Sunil Baskey @ Sunil Baski vs The State Of Jharkhand
2021 Latest Caselaw 1859 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Criminal Appeal (S.J.) No. 135 of 2020
                                        ....

            Sunil Baskey @ Sunil Baski                             ....    Appellant
                                        Versus
           The State of Jharkhand                                   .... Respondent
                                        ....
            CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

            For the Appellant              : Mr.Avishek Prasad, Adv.
            For the State                  : Mr. A.K.Dey, APP
                                           ....

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.

05/08.06.2021 Heard learned counsel for the parties.

Admit.

I.A. No.1615 of 2020 This application has been filed under Section 389(1) of the Criminal Procedure Code on behalf of the appellant, for suspension of sentence and grant of bail to the appellant, during the pendency of the instant appeal.

The appellant has been convicted for the offence under Sections 448 and 307 of the Indian Penal Code in S.T. No.163 of 2010 arising out of Jama P.S. Case No.52 of 2010 corresponding to G.R. No.464 of 2010 vide judgment dated 05.07.2019 and order of sentence dated 06.07.2019 by the court of learned Additional Sessions Judge-II, Dumka and sentenced to undergo R.I. for one year for the offence under Section 448 of the IPC and further sentenced to undergo R.I. for seven years for the offence under Section 307 of the IPC with a fine of Rs.5,000/- and in default of payment of fine, further sentenced to undergo R.I. for six months.

Learned counsel for the appellant has submitted that the appellant has completed about half of the sentence and on that ground prayer for bail has been made.

In view of above submission, I am inclined to suspend the sentence of this appellant, accordingly the appellant is directed to be enlarged 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 learned Additional Sessions Judge-II, Dumka in S.T. No.163 of 2010 arising out of Jama P.S. Case No.52 of 2010 corresponding to G.R. No.464 of 2010, subject to the condition that the appellant shall remain present before the Court as and when the appeal is taken up for hearing, failing which his bail bond shall be cancelled.

However, the court below before issuing the release order will satisfy himself regarding the fact that the appellant has remained in custody for three years and five months. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.1615 of 2020 stands disposed of.

(Rajesh Kumar, J.) Shahid/