Kamal Tirkey vs The State Of Jharkhand
2021 Latest Caselaw 1209 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             I.A. No. 5273 of 2020
                         in
             Cr. Appeal (S.J.) No. 272 of 2020
                         ...

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

For the Appellant : Ms. Vani Kumari, Advocate.
For the State     : Mr. Suraj Verma, APP.
                         ...
                  I.A. No. 5273 of 2020
                         ...
07/09.03.2021

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 10.01.2020,

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

in S.T. Case No. 107 of 2017, whereby the appellant has been found

guilty and convicted for the offence under Sections 25 (1-B) a and 26

(1) read with Section 35 of the Arms Act and sentenced to undergo

rigorous imprisonment of 3 and 4 years respectively and a fine of

Rs.10,000/-, on each count, in default, thereof, to suffer simple

imprisonment of 6 months.

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

On perusal of the record, it appears that a country made loaded

pistol and two live cartridges were recovered from the possession of

the appellant. The appellant is in custody for nearly 22 months, out of

the imposed maximum sentence of 4 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

Additional Sessions Judge-I, Simdega in connection with S.T. Case

No. 107 of 2017 on the condition that he shall deposit Rs.10,000/- as

part of the fine amount in the court below.

4. In the result, I.A. No. 5273 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK