Puran Chandra Munda vs The State Of Jharkhand
2021 Latest Caselaw 2043 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Criminal Appeal (S.J.) No. 349 of 2020
                                        ....

            Puran Chandra Munda                                    ....    Appellant
                                        Versus
           The State of Jharkhand                                   .... Respondent
                                        ....
            CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

            For the Appellant              : Mr. Anjani Kumar, Adv.
            For the State                  : Mr. Shekhar Sinha, 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.

04/24.06.2021 Heard learned counsel for the parties.

Admit.

Issue notice.

Lower court records has already been received.

I.A. No.4812 of 2020 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 Section 307/ 323/ 341/34 of the Indian Penal Code in connection with S.T. Case No.32 of 2018 arising out of Toklo P.S. Case No.101 of 2016 corresponding to G.R. Case No. 173 of 2016 vide judgment of conviction and order of sentence dated 31.01.2020 by the court of learned Additional Sessions Judge-II, West Singhbhum at Chaibasa and sentenced to undergo R.I. for six years for the offence under Section 307/34 of the IPC with a fine of Rs.5,000/- and in default of payment of fine, sentenced to undergo S.I. for three months. The appellant further sentenced to undergo R.I. for six months for the offence under Section 323/34 of the IPC. The appellant further sentenced to undergo S.I. for one month for the offence under Section 341/34 of the IPC.

Learned counsel for the appellant has submitted that the dispute is regarding irrigation of land and both the parties are agnates. It has been further submitted that the injuries are simple in nature. On that ground, prayer for bail has been made.

Considering the above fact and the material available on record, 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-II, West Singhbhum at Chaibasa in connection with S.T. Case No.32 of 2018 arising out of Toklo P.S. Case No.101 of 2016 corresponding to G.R. Case No. 173 of 2016, 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.

I.A. No.4812 of 2020 stands disposed of.

(Rajesh Kumar, J.) Shahid/