Naseem Ansari vs The State Of Jharkhand
2021 Latest Caselaw 4123 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        I.A. No.4288 of 2021
                                  In
               Criminal Appeal (S.J.) No.1191 of 2019
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Naseem Ansari                                .... .... 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. Sanjay Kumar Sinha, Adv.
For the State                         : Mr. R. K. Mahtha, A.P.P.
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              st
06/Dated: 01 November, 2021

      I.A. No.4288 of 2021

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

2. The appellant has been convicted for the offence under Sections 25(1- A) and 26 of the Arms Act vide judgment of conviction dated 08.11.2019 and by order of sentence dated 11.11.2019 the appellant has been sentenced to undergo rigorous imprisonment for five years and fine of Rs.2,000/- for the offence under Sections 25(1-A) of the Arms Act in default thereof, further to undergo simple imprisonment for six months and further to undergo rigorous imprisonment for five years and fine of Rs.2,000/- each for the offence under Section 26 of the Arms Act in default thereof, further to undergo simple imprisonment for six months passed by the learned Additional Sessions Judge-IV, Dumka in S.T. Case No.143 of 2018 arising out of Shikaripara P.S. Case No.24 of 2016 (G.R. Case No.179 of 2016).

3. It has been submitted by the learned counsel for the appellant that the appellant was in custody from 16.02.2016 to 22.10.2016 (more than eight months) during trial and now since the date of impugned judgment dated 08.11.2019. Earlier, an interlocutory application being I.A. No.11472 of 2019 had also been filed for suspension of the sentence and grant of ad- interim bail to the appellant, which has been rejected vide order dated 18.02.2021 with a liberty to renew the prayer for bail if the appeal is not taken up for hearing by July, 2021. On the aforesaid liberty, the present interlocutory application has been filed.

4. Learned counsel for the State has opposed the prayer for bail.

5. In the attending facts and circumstances of the case and considering the period of custody, I am inclined to suspend the sentence of the appellant and enlarge him 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 the learned Additional Sessions Judge-IV, Dumka in S.T. Case No.143 of 2018 arising out of Shikaripara P.S. Case No.24 of 2016 (G.R. Case No.179 of 2016), subject to the condition that the appellant will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

6. In the result, I.A. No.4288 of 2021 is, hereby, allowed.

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

(Rajesh Kumar, J.)

Amar/-