Md. Shamshad Alam vs The State Of Jharkhand
2021 Latest Caselaw 1929 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.3781 of 2020
                          In
            Cr. Appeal (S.J.) No.288 of 2020

    Md. Shamshad Alam                        ......      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. Md. Abdul Wahab, Advocate For the State : Mr. Jitendra Pandey, 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.

06/Dated: 17th June, 2021

I.A. No.3781 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 appeal has been preferred against the judgment dated 19.09.2019 and order of sentence dated 20.09.2019, passed by the court of learned District & Additional Sessions Judge - I, Latehar, in S.T. No.93 of 2018, whereby the appellant has been convicted for the offence under Section 25(1-A)/ 35 of the Arms Act, and sentenced to undergo rigorous imprisonment of five years and fine of Rs.5,000/-, in default thereof, to suffer R.I of six months.

3. learned counsel for the appellant has submitted that co-accused namely, Md. Obedullah has been granted bail by the Co-ordinate Bench of this Court vide order dated 26.02.2020 in Cr. Appeal (S.J.) No.1128 of 2019 and the case of this appellant stands on similar footing to that of the co-accused, who had been admitted to bail. On the above ground, prayer for bail has been made.

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

5. Considering the fact that the co-accused has already been granted bail, 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 District & Additional Sessions Judge - I, Latehar, in connection with S.T. No.93 of 2018.

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.3781 of 2020 stands allowed.

(Rajesh Kumar, J.) Chandan/-