Kalimuddin vs The State Of Jharkhand
2021 Latest Caselaw 1839 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            I.A. No. 809 of 2021
                                  In
                       Cr. Appeal (SJ) No. 252 of 2020

          Kalimuddin                                                    ..... Appellant

                                     Versus
          The State of Jharkhand                                         ..... Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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          For the Appellant         : Mr. Shree Nivas Roy, Adv.
          For the State             : Mr. P. D. Agrawal, A. P.P.
                                          ---------
          03/ Dated 25th May, 2021
          I.A. No. 809 of 2021

1. This application has been filed under Section 389(1) of the Code of Criminal Procedure on behalf of the appellant for suspension of sentence and grant of bail to the appellant, during pendency of the instant appeal.

2. The appellant has been convicted for the offence under Section 5 of Explosive Substance Act in S. T. No. 167/2014 vide judgment of conviction dated 06.02.2020 and sentence dated 15.02.2020 of the Court of Addl. Sessions Judge-I, Koderma.

3. It has been submitted that the appellant has remanded for period of one year and ten months in the present case and he has been awarded maximum punishment of seven years. It has been further submitted that the trial Court has convicted the appellant ignoring the material available on record and further there is no report that explosive substance was active. Further no independent witness has been examined. On the above fact prayer for bail has been made.

4. Learned A.P.P. has opposed the prayer for suspension of sentence.

5. In the facts and circumstances, I am inclined to suspend the sentence and enlarge the appellant namely Kalimuddin on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-I, Koderma in S. T. No. 167/2014.

6. Appellant is directed to deposit the fine amount of Rs. 10,000/- in the Court below within two months from the date of his release failing which his bail bonds shall be cancelled.

7. The appellant will remain present before the Court, as and when the appeal is taken up for hearing, failing which his bail bonds shall be cancelled.

8. I.A. No. 809 of 2021 stands allowed.

(Rajesh Kumar, J)

Shahid/