Ramesh Sahu vs The State Of Jharkhand
2021 Latest Caselaw 3870 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (DB) No. 716 of 2015
              Ramesh Sahu                                                 ....Appellant
                                              Versus
              The State of Jharkhand                                ...            Respondent
                                         With
                            Cr. Appeal (DB) No. 785 of 2015
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Ratnaker Bhengra

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For the Appellant : M/s. Sarju Prasad, Atma Ram Choudhary, Advocates For the State : Mr. Shekhar Sinha, Spl. P.P (Cr.A.(DB) No. 716/15)

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For the Appellant : None For the State : Mrs. Bandana Bharti (Cr.A.DB) No. 785/15)

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09/08.10.2021 Heard learned counsel for the appellant, Mr. Sarju Prasad, assisted by learned counsel, Atma Ram Choudhary and learned Special Public Prosecutor, Mr. Shekhar Sinha on the prayer for suspension of sentence made by this appellant through I.A. No. 2328 of 2021 in Cr. Appeal(D.B) No. 716 of 2015.

The appellant along with 3 other accused, Firoz Ansari, Hayat Ansari and Jakir Ansari were convicted for the offence punishable under Section 302/34 of the Indian Penal Code by the learned Court of Additional Judicial Commissioner, XVIII, Ranchi by the impugned judgment dated 02.09.2015 in Sessions Trial No. 844 of 2013 and have been sentenced to undergo imprisonment for life with a fine of Rs. 2000/- each and default sentence by the impugned order of sentence dated 03.09.2015.

Earlier the prayer for suspension of sentence of this appellant was dismissed as not pressed on 12th May, 2016 in I.A. No. 2821 of 2016. His prayer for suspension of sentence was rejected on merits on 3rd May, 2018 in I.A. No. 5386 of 2016 and again on 10th February, 2020 in I.A. No. 554 of 2020. Appellant was referred to All India Institute of Medical Sciences, New Delhi (in short 'AIIMS') for better treatment vide Letter no. 5308 dated 30th June, 2021 issued by Jail Superintendent, Birsa Munda Central Jail, Hotwar, Ranchi. He has prayed for provisional bail for a period of six months because he has undergone heart surgery at AIIMS, New Delhi on 14th July, 2021, in which three grafts were planted. Supplementary affidavit has also been filed by the appellant on 31st August, 2021 enclosing reference made through letter dated 30th June, 2021 and treatment paper of AIIMS, New Delhi.

Learned counsel for the appellant submits that the appellant needs proper care and recuperation in the family environment since he is also sugar patient and has been called for Nephrology follow up after one month. Appellant has been in custody since 2nd, September, 2015 and is aged about 61 years. It is submitted that the appellant may be allowed provisional bail for a suitable period, so that he can properly recuperate and undertake follow-up of the surgical intervention which was done at AIIMS, New Delhi, otherwise he may suffer due to lack of proper care within jail. Appellant undertakes to abide by all such conditions as may be imposed for the purpose of provisional bail for a suitable period.

Learned Spl. P.P has opposed the prayer. He submits that prayer for suspension of sentence of this appellant was rejected twice and he has completed only about 6 years of custody till date against the sentence of life imprisonment. However, it is submitted that considering his health condition, this Court may pass the appropriate order.

We have considered the submissions of learned counsel for the parties on the limited prayer for provisional bail made by this appellant on the grounds of health condition. It appears that appellant on being referred by the Jail Authority has undergone heart surgery on 14th July, 2021 at AIIMS, New Delhi. He was discharged on 4th August, 2021.

Having regard to the fact that the appellant has undergone surgical intervention at AIIMS, New Delhi for serious heart complication and for proper care and recuperation in the family environment, we are inclined to grant provisional bail to the appellant for a period of three months. Accordingly, the above named appellant shall be released on provisional bail for a period of three months from the date of his release on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of Additional Judicial Commissioner, XVIII, Ranchi in connection with Sessions Trial No. 844 of 2013 with the following conditions that:

(i) one of the bailors shall be the deponent of the appellant, Narendra Kumar, who is also son of the appellant. His photocopy of U.I.D be sent to learned trial court for verification. Other bailor shall also be close relative of the appellant.

(ii) Appellant and their bailors shall not change their mobile number or address without permission of trial court.

(iii) Appellant shall also submit his Aadhar Card at the time of release

(iv) Appellant shall surrender on or before the expiry of 3 months period and certificate to that effect be filed in the instant appeal.

I.A. No. 2328 of 2021 stands disposed of.

I.A. No. 5858 of 2017 In Cr. Appeal (D.B) No. 785 of 2015

No one has appeared on behalf of the appellant to press I.A No. 5858 of 2017 today. As such, matter is passed over for the day.

(Aparesh Kumar Singh, J)

(Ratnaker Bhengra, J) Jk/