Kushesh Mandal vs The State Of Jharkhand
2021 Latest Caselaw 1860 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    I.A. No.1600 of 2021
                                             In
                             Criminal Appeal (S.J.) No.524 of 2018
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1. Kushesh Mandal

2. Sugdeo Mandal ... ... Appellants Versus The State of Jharkhand ... ... Respondent

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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            For the Appellants            : Mr. Nilesh Kumar, Adv.
            For the State                 : Mr. Suraj Verma, 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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15/08.06.2021: I.A. No.1600 of 2021 The present Interlocutory Application has been filed on behalf of the appellant no.1 namely Kushesh Mandal under Section 389 (1) of the Code of Criminal Procedure, for suspension of sentence and grant of bail, during pendency of the instant appeal.

2. The appellants have been convicted for the offence under Sections 304B/34 and 201/34 of the Indian Penal Code vide judgment dated 15.02.2018 passed by the Learned District and Additional Sessions Judge-II, Dumka in Sessions Case Trial No.88 of 2016 arising out of Jarmundi (Taljhari) P.S. Case No.163 of 2015, Corresponding to G.R. Case No.1141 of 2015 and have been sentenced to undergo rigorous imprisonment for seven years for the offence under Section 304B/34 of the I.P.C. and further sentenced to undergo rigorous imprisonment for three years and fine of Rs.2,000/- each for the offence punishable u/s. 201/34 of the I.P.C.

3. Heard learned counsel for the appellants and learned APP for the State.

4. It has been submitted that earlier the bail application of the appellant namely Kushesh Mandal has been rejected vide order dated 17.06.2019 by a co-ordinate bench of this Court. The only point has been argued that the appellant has completed half of the sentence and on this basis, prayer for bail has been made.

5. Considering the materials available on record and the fact that the appellant has already completed half of the sentence, this Court is inclined to suspend the sentence of the appellant no.1 namely Kushesh Mandal 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 Learned District and Additional Sessions

Judge-II, Dumka in Sessions Trial Case No.88 of 2016 arising out of Jarmundi (Taljhari) P.S. Case No.163 of 2015, Corresponding to G.R. Case No.1141 of 2015.

6. In the result, I.A. No.1600 of 2021 is, hereby, allowed.

7. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

8. However, the lower court is directed to satisfy itself that the present appellant has completed half of the sentence, if not, then the matter will be reported to this Court.

(Rajesh Kumar, J.)

Amar/-