Jharkhand High Court
Akhilesh Paswan @ Akhilesh Ram vs The State Of Jharkhand on 18 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.3532 of 2020
In
Criminal Appeal (S.J.) No.295 of 2020
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Akhilesh Paswan @ Akhilesh Ram ... ... 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. Devesh Krishna, Adv.
For the State : Mrs. Vandana Bharti, A.P.P.
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I.A. No.3532 of 2020
08/18.10.2021: This interlocutory application has been filed on behalf of the
appellant under Section 389 (1) of the Code of Criminal Procedure, for
suspension of sentence and release him on bail, during pendency of the
instant appeal.
2. The appellant has been convicted for the offence under Section
307 of the Indian Penal Code vide judgment of conviction dated
20.08.2019 and by order of sentence dated 27.08.2019, the appellant has
been sentenced to undergo rigorous imprisonment for five years with a
fine of Rs.20,000/-, in default thereof, further to undergo rigorous
imprisonment for one year for the offence under Section 307 of the
Indian Penal Code, passed by the learned Additional Sessions Judge-III,
Garhwa in Sessions Trial No.336 of 2009 arising out of Manjhiaon P.S.
Case No.39 of 2008 corresponding to G.R. Case No.302 of 2008.
3. It has been submitted by the learned counsel for the appellant
that the appellant is in custody since 20.08.2019. Further, it has been
submitted that as per the allegation, at best the case is under Section 308
of the Indian Penal Code not under Section 307 of the Indian Penal
Code. Further, the Investigation Officer has not been examined. On the
above facts, the prayer for suspension of sentence has been made.
4. Learned counsel for the State has supported the judgment of
conviction dated 20.08.2019 and order of sentence dated 27.08.2019.
5. In the attending facts and circumstances of the case and
considering the period of custody, I am inclined to suspend the sentence
of the appellant and enlarge him on bail on his furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge-III,
Garhwa in Sessions Trial No.336 of 2009 arising out of Manjhiaon P.S.
Case No.39 of 2008 corresponding to G.R. Case No.302 of 2008, subject
to the condition that the appellant will submit self-attested photocopy of
his Aadhar Card and also submit his mobile number before the learned
court below which he will always keep active and will not change it
during pendency of this case without prior permission of the court.
6. In the result, I.A. No.3532 of 2020 is, hereby, allowed.
7. The appellant shall remain present before the Court, when the
appeal is taken up for hearing, failing which his bail shall be cancelled.
(Rajesh Kumar, J.)
Amar/-
