Somra Mahto @ Shambhu Mahto vs The State Of Jharkhand
2021 Latest Caselaw 1979 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Cr. Rev No. 788 of 2020
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                      Somra Mahto @ Shambhu Mahto                                  .....Petitioner
                                              Versus
                      The State of Jharkhand                                       ....Opposite Party
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                       Coram: HON'BLE MR JUSTICE RAJESH KUMAR
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                       For the Petitioner              : M/s Kripa Shankar Nanda, Advocate
                       For the State                   : Mr. Pradeep Kr. Verma, APP
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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05/22.06.2021          Admit.
                        Lower Court Records has already been received.
                 I. A. No. 2640 of 2021

The interlocutory application has been filed on behalf of the petitioner for suspension of sentence, during pendency of the instant revision petition.

The petitioner has been convicted for the offence under Section 392, 414, 411 of the Indian Penal Code and 25(1-B)/a/26/35 of Arms Act and sentenced R. I. for five years and fine of Rs. 5000/- under Section 392 of the Indian Penal Code, R.I. for three years and fine of Rs. 2000/- under Sections 414 and 411 of the Indian Penal Code, R. I. for three years and fine of Rs. 5000/- under Section 25(1-B)/a/35 of Arms Act and R. I. for five years and fine of Rs. 5000/- under Section 26/35 of Arms Act and in default of payment undergo R.I. six months in each sections and all the sentences shall run concurrently by the Chief Judicial Magistrate, Simdega in connection with Kolebira P. S. Case No. 13 of 2012 corresponding to G. R. No. 62 of 2012, which has been affirmed by the Principal Sessions Judge, Simdega in Criminal Appeal No. 25 of 2018 vide judgment dated 16.03.2019.

It has been submitted by the counsel for the petitioner that the petitioner is in custody since February, 2018 i.e. more than half of the sentence, imposed by the trial court.

On the other hand learned counsel for the State has opposed the prayer for bail. Considering the nature of offence and the period of custody, during pendency of this application, I am inclined to suspend the sentence and enlarge the petitioner on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Simdega in connection with Kolebira P. S. Case No. 13 of 2012 corresponding to G. R. No. 62 of 2012 on the condition that the petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during the pendency of this case without prior permission of the court.

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

I. A. No. 2640 of 2021 stands disposed of.

(Rajesh Kumar,J) kamlesh/