Dilip Tiwari vs The State Of Jharkhand
2021 Latest Caselaw 4462 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.6687 of 2021
                           In
             Cr. Appeal (S.J.) No.448 of 2021

     Dilip Tiwari                             ......      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. Ramesh Kumar, Advocate For the State : Mr. Veervijay Pradhan, A.P.P.

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03/Dated: 29        November, 2021
I.A. No.6687 of 2021

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

2. The appeal has been preferred against the judgment dated 29.09.2021 and order of sentence dated 01.10.2021, passed by the court of learned Additional Sessions Judge - III, Latehar, in S.T. No.104 of 2017, whereby the appellant has been convicted for the offence under Sections 341/34, 323/ 34 and 307/34 of the Indian Penal Code, and maximum sentence of rigorous imprisonment of 5 years along with fine has been awarded with the default clause.

3. Heard learned counsel for the appellant and learned A.P.P. It appears that the dispute had started during playing of the children resulting in quarrel between the parties and subsequently some injuries have been suffered. It has further been submitted that the appellant was not the aggressor and the scuffle between the parties took place suddenly and as such the conviction under Section 307 of the I.P.C is totally unwarranted.

4. Considering the nature of allegation, I am inclined to suspend the sentence and enlarge the appellant 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 - III, Latehar, in S.T. No.104 of 2017, subject to the condition that the appellant will remain present before

the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

5. I.A. No.6687 of 2021 stands allowed.

(Rajesh Kumar, J.) Chandan/-