Khirodhar Yadav vs The State Of Jharkhand
2021 Latest Caselaw 1490 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 1882 of 2020
                         in
                   Cr. Appeal (S.J.) No. 42 of 2020
                         ...

1.Khirodhar Yadav

2.Dhaneshwar Yadav .... Appellants

-V e r s u s-

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

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

For the Appellants : Mr. J. J. Sanga, Advocate. For the State : Mr. Rakesh Kumar, APP.

...

I.A. No. 1882 of 2020 ...

06/23.03.2021

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 appellants, during the pendency of

the appeal.

2. The appeal is directed against the judgment dated 25.11.2019,

passed by the court of learned Additional Sessions Judge-III, Bermo

at Tenughat in S.T. No. 227 of 2013, whereby the appellants have been

found guilty and convicted for the offence under sections 379 and 326

read with section 34 of the Indian Penal Code and sentenced to

undergo rigorous imprisonment of 2 years and 4 years respectively and

a fine of Rs.5,000/- under section 326 of the Indian Penal Code in

default, thereof, to suffer rigorous imprisonment of 6 months.

3. Heard the learned counsel for the appellants and the objection

raised by the learned A.P.P.

Considering the period of custody, the appellants are directed to

be enlarged on bail, during the pendency of the appeal, on their

furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand), each, with two sureties of the like amount each to the satisfaction of learned

Additional Sessions Judge-III, Bermo at Tenughat in connection with

S.T. No. 227 of 2013 on the condition that they shall deposit the fine

amount of Rs.5,000/-, each, in the court below.

4. In the result, I.A. No. 1882 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK