Gopal Das vs The State Of Jharkhand
2021 Latest Caselaw 1926 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 496 of 2020

             Gopal Das                                      ---         ---    Appellant
                                              Versus
             The State of Jharkhand                         ---         ---   Respondent
                                               ---

              CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                  Through:   Video Conferencing
                                               ---
              For the Appellant:       M/s Abhijeet Kr. Singh, Harsh Chandra, Advocates
              For the Respondent:      Mr. Tapas Roy, A.P.P
                                         ---
06 / 17.06.2021      Heard learned counsel for the appellant and Mr. Tapas Roy, learned

A.P.P for the State on the prayer for suspension of sentence made by this appellant through I.A. No. 2218/2021.

2. Appellant along with five other accused persons were convicted for the offences punishable under sections 396 and 412 of the I.P.C by the impugned judgment dated 09.11.2006 passed by the Court of learned Additional Sessions Judge-I, Sahibganj in Sessions Case No. 05/2006 and have been sentenced to undergo imprisonment for life under section 396 of the I.P.C with a fine of Rs. 25,000/- each and default sentence. They have been further sentenced to undergo rigorous imprisonment for ten years under section 412 of the I.PC with a fine of Rs. 25,000/- each and default sentence, by the impugned order of sentence dated 10.11.2006.

3. Learned counsel for the appellant submits that conviction of the appellant is based upon the testimony of PWs-7 & 9 who participated in the T.I. Parade. It is further submitted that two other co-convicts namely, Sitarul Sk. and Ansarul Sk have been granted bail by a Coordinate Bench of this Court vide orders dated 11.01.2020 and 06.04.2014 passed in Cr. Appeal (DB) No. 1693/2006; Sakebul Sk. has been granted bail by a Coordinate Bench of this Court vide order dated 06.05.2014 passed in Cr. Appeal (DB) No. 22/2007 and Azizul Sheikh has been granted bail by a Coordinate Bench of this Court vide order dated 09.09.2014 passed in Cr. Appeal (DB) No. 34 of 2007. It is submitted that because of his financial position appellant could not prefer an appeal earlier. Instant appeal has been preferred through Jharkhand High Court Legal Services Committee in 2020. The appellant has remained in custody since the date of conviction on 09.11.2006 i.e. more than 14 year by now. In these circumstances, appellant may be granted the privilege of suspension of sentence by granting him the privilege of suspension of sentence.

4. Learned A.P.P has opposed the prayer. However, he does not dispute that earlier, other co-convicts named above have been granted bail by the Coordinate Benches of this Court and this appellant has suffered sentence for more than 14 years by now.

5. Upon hearing the learned counsel for the parties and having regard to the aforesaid facts and circumstances including the period of custody undergone by this appellant so far, we are inclined to enlarge the appellant on bail by granting him the privilege of suspension of sentence. Accordingly, the appellant-Gopal Das, shall be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Sahibganj in connection with Sessions Case No. 05/2006, if not wanted in connection with any other case.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/