Md. Saddam vs The State Of Jharkhand
2021 Latest Caselaw 3820 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.5233 of 2021
                           In
             Cr. Appeal (S.J.) No.575 of 2020

     Md. Saddam
     @ Saddam Hussain                         ......      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. Anjani Kumar, Advocate For the State : Ms. Anuradha Sahay, 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.5233 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 of conviction dated 20.12.2019 and order of sentence dated 23.12.2019, passed by the court of learned Additional Sessions Judge - I, West Singhbhum at Chaibasa, in S.T. Case No.262(S) of 2009, whereby the appellant has been convicted for the offence under Sections 395 and 397 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of 8 years and fine of of Rs.5,000/- on each count with the default clause.

3. Learned counsel for the appellant has submitted that the appellant has remained in custody for about four years and has completed half of the sentence. On the above fact, prayer for suspension of sentence has been made.

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

5. Considering the fact that the appellant has completed half of the sentence, as such, 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 - I, West Singhbhum at Chaibasa, in S.T. Case No.262(S) of 2009, 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. However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed half of the sentence and if not, then no release order will be issued and the matter will be reported to this Court.

7. I.A. No.5233 of 2021 stands disposed off.

(Rajesh Kumar, J.) Chandan/-