Bilas Hansda vs The State Of Jharkhand
2021 Latest Caselaw 3819 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.3617 of 2020
                           In
             Cr. Appeal (S.J.) No.1047 of 2019

     Bilas Hansda                             ......      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 : Ms. Amrita Banerjee, Advocate For the State : Mr. Vishwanath Ray, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

06/Dated: 06th October, 2021 I.A. No.3617 of 2020

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 present appeal has been preferred against the judgment of conviction dated 24.06.2019 and order of sentence dated 29.06.2019, passed by the court of learned Sessions Judge, Dumka, in Sessions Trial No.194 of 2017, whereby the appellant has been convicted for the offence under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of seven years with fine of Rs.10,000/- and in default thereof, to undergo S.I of one year. The appellant has also been directed to pay the compensation amount of Rs.20,000/- to the victim.

3. It has been submitted by the learned counsel for the appellant that the appellant has remained in custody for about two and half years. It has further been submitted that as per the allegation, the appellant has assaulted the victim with an axe from behind. The incident is of dated 09.09.2015 while the F.I.R has been lodged on 15.09.2015. The appellant is a tribe and the case has been conducted on the assistence of the interpreter. On the above facts, prayer for suspension of the sentence has been made.

4. On the other hand, learned A.P.P, has opposed the prayer for suspension of sentence.

5. In the attending facts and circumstances of the case, 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 Sessions Judge, Dumka, in Sessions Trial No.194 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.

6. I.A. No.3617 of 2020 stands disposed off.

(Rajesh Kumar, J.) Chandan/-