Kolha Yadav vs The State Of Jharkhand
2021 Latest Caselaw 2011 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 I.A. No.2977 of 2020
                         In
            Cr. Appeal (S.J.) No.114 of 2019

    Kolha Yadav
    @ Kallu Yadav                           ......      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. S. K. Deo, Advocate
    For the State           : Mr. Tapas Roy, 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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04/Dated: 23        June, 2021
I.A. No.2977 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 15.01.2019 and order of sentence dated 18.01.2019, passed by the court of learned Additional Sessions Judge - II, Deoghar, in S.T. No.56 of 2018, whereby the appellant has been convicted for the offence under Sections 25(1-A) and 26(2)/ 35 of the Arms Act and sentenced to undergo rigorous imprisonment of seven years and fine of Rs.10,000/-, on each count, and in default of payment of fine, to suffer simple imprisonment of one year.

3. Learned counsel for the appellant has submitted that the appellant has served more than half of the sentence as he is in custody since 20.12.2017, while the maximum punishment is of seven years. On the above ground, prayer for suspension of sentence and grant of bail of the appellant has been made.

4. On the other hand, learned A.P.P has opposed the prayer for bail.

5. Considering the period of custody and the materials available on record, 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 Additional Sessions Judge - II, Deoghar, in connection with S.T. No.56 of 2018.

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

6. I.A. No.2977 of 2020 stands disposed off.

(Rajesh Kumar, J.) Chandan/-