Deepak Bauri @ Dipna @ Dileep Bauri vs The State Of Jharkhand
2021 Latest Caselaw 2080 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 I.A. No.4813 of 2020
                                         In
                       Criminal Appeal (S.J.) No.467 of 2020
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Deepak Bauri @ Dipna @ Dileep Bauri... ... 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. Rajesh Kumar, Adv.
          For the State                 : Mr. Pradeep Kr. Verma, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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05/28.06.2021:

I.A. No.4813 of 2020

This Interlocutory Application has been filed on behalf of the appellant

under Section 389 (1) of the Code of Criminal Procedure, for suspension of

sentence and grant of bail, during pendency of the appeal.

2. The appellant has been convicted for the offence under Section 325 of the

Indian Penal Code vide order of judgment dated 16.06.2020 and order of sentence

of dated 18.06.2020 passed by the learned Additional Sessions Judge-V, Bokaro in

Sessions Trial No.74 of 2017 arising out of Chas P.S. Case No.495 of 2015,

corresponding to G.R. No.2561 of 2015 and has been sentenced to undergo R.I. for

four years with a fine of Rs.500/-, and in default thereof, further sentenced to

undergo simple imprisonment of six months.

3. Heard learned counsel for the appellant and learned APP.

4. The appellant is in judicial custody since 19.02.2020. It appears that the

occurrence had taken place on 23.11.2015. Further, it appears that the injured

witness namely Mohammad Taiyab has not been examined.

5. Considering the nature of injury and the materials available on record, I

am inclined to suspend the sentence of the appellant and enlarge him 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 the learned Additional Sessions Judge-V,

Bokaro in Sessions Trial No.74 of 2017 arising out of Chas P.S. Case No.495 of

2015, corresponding to G.R. No.2561 of 2015.

5. In the result, I.A. No.4813 of 2020 is, hereby, allowed.

6. The appellants shall remain present before the Court, when the appeal is

taken up for hearing, failing which his bail shall be cancelled.

(Rajesh Kumar, J.)

Amar/-