Md. Amiruddin vs The State Of Jharkhand
2021 Latest Caselaw 1930 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Criminal Appeal (S.J.) No. 55 of 2021
                                        ....

            Md. Amiruddin                                         ....    Appellant
                                        Versus
           The State of Jharkhand                                  .... Respondent
                                        ....
            CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

            For the Appellant               : Mrs. J.Mazumdar, Adv.
            For the State                   : Mr. Pradeep Kr. Verma, 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.

02/17.06.2021 Heard learned counsel for the parties.

Admit.

Issue notice.

Call for the L.C.R.

I.A. No.1354 of 2021 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 380 and 411 of the Indian Penal Code in S.T. No.148 of 2017 arising out of Chhotanagra P.S. Case No.03 of 2017 corresponding to G.R. No.152 of 2017 vide judgment dated 25.01.2021 and order of sentence dated 28.01.2021 by the court of learned Additional Sessions Judge-I, West Singhbhum at Chaibasa and sentenced to undergo R.I. for six years for the offence under Section 380 of the IPC with a fine of Rs.5,000/- and in default of payment of fine, sentenced to undergo R.I. for one month and further sentenced to undergo R.I. for three years for the offence under Section 411 of the IPC with a fine of Rs.5,000/- and in default of payment of fine, further sentenced to undergo R.I. for one month.

Learned counsel for the appellant has submitted that the maximum punishment awarded is six years and out of six years the appellant has already remained in custody for four years and three months. On that ground, prayer for bail has been made.

Considering the nature of allegation and period of custody, 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-I, West Singhbhum at Chaibasa in S.T. No.148 of 2017 arising out of Chhotanagra P.S. Case No.03 of 2017 corresponding to G.R. No.152 of 2017, 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 itself regarding the fact that the appellant has remained in custody for four years and three months. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.1354 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/