Baigo Bage vs The State Of Jharkhand
2021 Latest Caselaw 1076 Jhar

         IN THE      HIGH    COURT OF JHARKHAND AT RANCHI
                      Criminal Appeal (DB) No. 1213 of 2019

         1. Baigo Bage
         2. Kaira Bage                                       .....   ...    Appellants
                                       Versus
         The State of Jharkhand.                       .....           ...    Respondent
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         CORAM          :  HON'BLE MR. JUSTICE H. C. MISHRA
                            HON'BLE MR. JUSTICE RAJESH KUMAR
                                       -------
         For the Appellants       :    Mr. Ajit Kumar, Advocate
         For the State            :    Mr. P.K. Appu, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 70 of 2021

8/ 03.03.2021 Heard learned counsel for the appellants and learned counsel for the State on the interlocutory application filed by the appellants for granting bail during the pendency of this appeal.

The appellants have been convicted for the offence under Sections 366 / 34 of the Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for ten years with fine.

The impugned Judgment shows that the victim girls were recovered from the house of these appellants. However, learned counsel for the appellants has prayed for bail submitting that the appellants are in custody since 30.5.2015 and have served more than half of the sentence.

In the facts of this case and taking into consideration the period of custody, we are inclined to release the appellants, Baigo Bage and Kaira Bage, on bail. Accordingly, the appellants, named above, are directed to be released on bail, during the pendency of the appeal, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-I, West Singhbhum, Chaibasa, in connection with G.R. (POCSO) Case No. 35 of 2015.

The Trial Court below, however, before issuing the release order, shall satisfy itself that the appellants have served half of the sentence, and if this statement is found to be incorrect, the release order shall not be issued by the Trial Court and the matter shall be reported to this Court.

This interlocutory application is accordingly, allowed with the direction, as above.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kr.