Md. Sanno @ Giyasuddin vs The State Of Jharkhand
2021 Latest Caselaw 1126 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 3671 of 2020
                         in
                   Cr. Appeal (S.J.) No. 122 of 2020
                         ...

Md. Sanno @ Giyasuddin @ Md. Sannu @ Gayasuddin .... Appellant

-V e r s u s-

The State of Jharkhand ..... Respondent ...

Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...

For the Appellant : Mr. Anjani Kumar, Advocate.

For the State     : Mr. Rakesh Kumar, APP
                         ...
                  I.A. No. 3671 of 2020
                         ...
04/05.03.2021

1. This interlocutory application has been filed under Section 389

(1) of the Code of Criminal Procedure for suspension of the sentence

and grant of ad-interim bail to the appellant, during the pendency of

the appeal.

2. The appeal is directed against the judgment dated 20.12.2019,

passed by the court of learned Additional Sessions Judge-I, West

Singhbhum at Chaibasa in S.T. Case No. 262 (S) of 2009, whereby the

appellant has been found guilty and convicted for the offence under

Sections 395 and 397 of the Indian Penal Code and sentenced to

undergo rigorous imprisonment of 8 years and a fine of Rs.5,000/-, in

default, thereof, to suffer rigorous imprisonment of 1 year, on each

count.

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

On perusal of the materials on record, it appears that P.W. 8 the

injured Abhishek Chourasia has deposed that the accused Md.

Asadulla had fired the pistol shot due to which he sustained injury on

his thumb, which has been corroborated by the Doctor (P.W. 7). It appears that the witnesses did not identify the appellant in the T.I.

Parade.

Considering the materials on record and the period of custody,

the appellant is directed to be released 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 Additional Sessions Judge-I, West Singhbhum

at Chaibasa in connection with S.T. Case No. 262 (S) of 2009 on the

condition that he shall deposit Rs.5,000/- as part of the fine amount in

the court below.

4. In the result, I.A. No. 3671 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK