Md. Zakir vs The State Of Jharkhand
2021 Latest Caselaw 2021 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 I.A. No.4980 of 2020
                         In
            Cr. Appeal (S.J.) No.515 of 2020

    Md. Zakir                                    ......          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. Anjani Kumar Singh, Advocate For the State : Mr. Rajesh Kumar, 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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03/Dated: 23        June, 2021

I.A. No.4980 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 24.08.2020 and order of sentence dated 25.08.2020, passed by the court of learned Principal Sessions Judge, Giridih, in S.T. No.348 of 2015, whereby the appellant has been convicted for the offence under Sections 413, 414 and 468 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of four years and fine of Rs.5,000/- for the offence under Section 413 of I.P.C and simple imprisonment of two years and fine of Rs.2,000/-, for the offence under Section 414 of I.P.C, and S.I of three years with fine of Rs.3,000/- for the offence under Section 468 of the I.P.C, in default of fine, to suffer S.I of six months, three months and two months, respectively.

3. Learned counsel for the appellant has submitted that the appellant has remained in custody for more than fourteen months including the pre-conviction period. It has further

been submitted that no independent witnesses have been examined and further seizure list witness has also not supported the case. There is no sufficient evidence connecting the appellant with the crime. On the above facts, 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 Principal Sessions Judge, Giridih, in connection with S.T. No.348 of 2015.

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

6. I.A. No.4980 of 2020 stands disposed off.

(Rajesh Kumar, J.) Chandan/-