Vimal Rakshit vs The State Of Jharkhand
2021 Latest Caselaw 4382 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Criminal Appeal (DB) No. 886 of 2013
            Vimal Rakshit                                             ....Appellant
                                            Versus
            The State of Jharkhand                                    ... Respondent
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            CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                          Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : M/s. Indrajit Sinha, Shishir Suman, Advocate For the State : Mr. Sanjay Kumar Shrivastava, A.P.P

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04/24.11.2021 Heard learned counsel for the appellant, Mr. Indrajit Sinha, assisted by learned counsel, Mr. Shishir Suman and learned A.P.P, Mr. Sanjay Kumar Shrivastava on the prayer for suspension of sentence made by this appellant through I.A. No. 6288 of 2021.

Sole appellant stands convicted for the charge under Section 302 of I.P.C by the impugned judgment dated 28th September, 2013 passed in Sessions Trial No. 105 of 2010 by the Court of learned District & Additional Sessions Judge-II, Dhanbad and has been sentenced to undergo imprisonment for life with a fine of Rs. 10,000/- and default sentence by the impugned order of sentence dated 30th September, 2013.

Learned counsel for the appellant submits that the prayer for suspension of sentence was earlier rejected after consideration on merits and on receipt of Lower Court Records by Coordinate Bench vide order dated 11 th February, 2014. However, prayer for suspension has been renewed primarily on the ground that the appellant is in judicial custody since 3rd October, 2009 i.e., 12 years and about one and half months. It is submitted that there are no eye witnesses to the occurrence and the case is based on circumstantial evidence, but the chain of circumstance is not complete to point out solely to the guilt of the present appellant. Therefore, appellant may be enlarged on bail by suspending the sentence.

Learned A.P.P. for the State has opposed the prayer. However, on consideration of submission of learned counsel for the parties and the period of custody of 12 years and more undergone by the appellant, we are inclined to grant bail to the appellant by suspending the sentence during pendency of this appeal. Accordingly, appellant, above-named, shall be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned District & Additional Sessions Judge-II, Dhanbad in connection with Sessions Trial No. 105 of 2010

with the condition that appellant and his bailors shall not change their address or mobile number without permission of the learned Trial Court. Appellant and their bailors shall also furnish their photo copy of Aadhar Card before the Trial Court at the time of his release.

I.A. No. 6288 of 2021 stands allowed.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/