Munna Singh vs The State Of Jharkhand
2021 Latest Caselaw 1957 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 I.A. No.129 of 2021
                         In
            Cr. Appeal (S.J.) No.188 of 2020

    Munna Singh
    @ Amardeep Singh                       ......       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. A. K. Chaturvedi, Advocate For the State : Ms. Vandana Bharti, 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.

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st 05/Dated: 21 June, 2021

I.A. No.129 of 2021

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 22.01.2020 and order of sentence dated 24.01.2020, passed by the court of learned Sessions Judge, Chatra, in S.T. No.02 of 2018, whereby the appellant has been convicted for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act, and sentenced to undergo rigorous imprisonment of seven years and fine of Rs.10,000/- for the offence under Section 307 of I.P.C and three years and fine of Rs.1,000/-, for the offence under Section 27 of the Arms Act, and in default of fine, to suffer S.I of six months.

3. Learned counsel for the appellant has submitted that the appellant has served more than half of the sentence, i.e., three years and six months, while the maximum punishment is of seven years.

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

5. Considering the nature of allegation 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 Sessions Judge, Chatra, in connection with S.T. No.02 of 2018.

However, the court below, before issuing the release order, shall satisfy itself regarding the fact that the petitioner has remained in custody for half of the maximum sentence and, if not, will report the matter to this Court.

6. I.A. No.129 of 2021 stands disposed off.

(Rajesh Kumar, J.) Chandan/-