Jamaluddin @ Mandal vs The State Of Jharkhand
2021 Latest Caselaw 2078 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.1768 of 2021
                           In
             Cr. Appeal (S.J.) No.124 of 2020

     1.       Jamaluddin @ Mandal
              @ Md. Jamaluddin
     2.       Nasiruddin Ansari                ......      Appellants
                              Versus
     The State of Jharkhand                    .....   Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Anil Kumar, Sr. Advocate Mr. Rohit Agarwal, Advocate For the State : Mr. Tarun 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.

05/Dated: 28th June, 2021

I.A. No.1768 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 appellants, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 27.01.2020 and order of sentence dated 29.01.2020, passed by the court of learned Additional Sessions Judge - V, Deoghar, in S.T. No.296 of 2009, arising out of Deoghar Town P.S. Case No.156 of 2009, whereby the appellants have been convicted for the offence under Section 5 of the Explosive Substances Act, and sentenced to undergo rigorous imprisonment of five years and fine of Rs.5,000/-, in default thereof, to suffer simple imprisonment of two months.

3. Heard learned counsel for the appellants and learned A.P.P.

4. Earlier the prayer for bail of the appellants have been rejected vide order dated 19.10.2020 with the observation that the appellants are at liberty to renew their prayer for bail, if the appeal is not taken up for hearing by March, 2021. Accordingly, in view of the liberty, the prayer for bail has been renewed.

5. Since there is no chance of hearing of the appeal in the near future, I am inclined to suspend the sentence and enlarge the appellants on bail, during the pendency of the appeal, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge

- V, Deoghar, in connection with S.T. No.296 of 2009, arising out of Deoghar Town P.S. Case No.156 of 2009.

6. The appellants shall remain present before the Court, when the appeal is taken up for hearing, failing which their bail shall be cancelled.

7. I.A. No.1768 of 2021 stands allowed.

(Rajesh Kumar, J.) Chandan/-