Vikram Das vs The State Of Jharkhand
2021 Latest Caselaw 1881 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.6387 of 2020
                          In
            Cr. Appeal (S.J.) No.693 of 2020

    Vikram Das                                ......    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. Santosh Kumar Soni, Advocate For the State : Mr. Shiv Shankar Kumar, 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.

05/Dated: 11th June, 2021

I.A. No.6387 of 2020

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 appellant has been convicted for the offence under Sections 324 and 325, 379, 307 and 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of two years and fine of Rs.5,000/- for the offence under Section 324 I.P.C and R.I of five years and fine of Rs.10,000/- for the offence under Section 325 I.P.C, passed by the court of learned Additional Sessions Judge - IV, Bokaro, in S.T. No.51 of 2015.

3. Learned counsel for the appellant has submitted that the applicant is in custody since the date of judgment and he has completed nearly 9 months of sentence. The allegation is that the grievous injury has been caused by this appellant although the medical report does not support the fact. The place of occurrence is the house of this appellant and not the victim. The victim had come to the house of the appellant. There is no repeatation of blow.

4. Learned A.P.P has opposed the prayer for bail.

5. Considering the facts of the case and the period of

custody of the appellant, 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 Sessions Judge - IV, Bokaro, in connection with S.T. No.51 of 2015.

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

7. I.A. No.6387 of 2020 stands allowed.

(Rajesh Kumar, J.) Chandan/-