Kedar Nath Swain vs The State Of Jharkhand
2021 Latest Caselaw 1162 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 6468 of 2020
                         in
                   Cr. Appeal (S.J.) No. 649 of 2020
                         ...

Kedar Nath Swain                            ....                Appellant
                         -V e r s u s-
The State of Jharkhand                            .....         Respondent
                         ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                         ...

For the Appellant : Mr. Jitendra Nath Upadhyay, Advocate. For the State : Mr. Veervijay Pradhan, APP ...

I.A. No. 6468 of 2020 ...

05/08.03.2021

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 07.10.2020,

passed by the court of the learned District and Additional Sessions

Judge-IX, Jamshedpur in Sessions Trial No. 228 of 2019, whereby the

appellant has been found guilty and convicted for the offence under

Sections 411 and 414 read with section 34 of the Indian Penal Code

and sentenced to undergo rigorous imprisonment of 2 years and a fine

of Rs.20,000/-, in default, thereof, to suffer further imprisonment of 6

months, on each count.

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

On perusal of the record, it appears that the appellant is in

custody since16.04.2019 i.e. for nearly 2 years out of the imposed

sentence of 2 years.

Thus, considering the period of custody, the appellant is directed

to be enlarged 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 District

and Additional Sessions Judge-IX, Jamshedpur in connection with

Sessions Trial No. 228 of 2019 on the condition that he shall deposit

Rs.20,000/- as part of the fine amount in the court below.

4. In the result, I.A. No. 6468 of 2020 stands allowed.

...

Cr. Appeal (S.J.) No. 649 of 2020 ...

1. The lower court record has already been received.

2. Office to list the appeal under the heading 'For Hearing' in

seriatim.

(AMITAV K. GUPTA, J.) APK