Bijay Kumar @ Vijay Kumar vs The State Of Jharkhand
2021 Latest Caselaw 3230 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Revision No. 100 of 2021
                                           ....

             Bijay Kumar @ Vijay Kumar                           ....     Petitioner
                                           Versus
             The State of Jharkhand                               .... Opp. Party
                                           ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

              For the Petitioner              : Mr. Lalit Yadav Adv.
              For the State                   : Ms. Ruby Pandey, APP.
                                              ....

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.

....

07/02.09.2021 I.A. No.4283 of 2021 The present interlocutory application has been filed on behalf of the petitioner for suspension of sentence, during pendency of the instant criminal revision petition.

The instant criminal revision has been filed against the judgment dated 27.01.2021 passed by the learned Addl. Sessions Judge-II, Jamtara in Criminal Appeal No.76/2018, who has affirmed the judgment of conviction and order of sentence dated 27.11.2018 passed by the C.J.M., Jamtara in G.R. Case No.363 of 2017, corresponding to T.R. No.684 of 2018, whereby the petitioner has been convicted and sentenced to undergo R.I. for one year for the offence under Section 471 of the Indian Penal Code r/w section 465 of the IPC.

Learned counsel for the petitioner has submitted that the maximum punishment awarded is one year and out of which the petitioner has already served half of the sentence. On that ground, prayer for bail has been made.

Considering the period of custody and the fact that the petitioner has served half of the sentence, I am inclined to suspend the sentence of this petitioner. Accordingly the petitioner is directed to be enlarged 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 learned C.J.M., Jamtara in G.R. Case No.363 of 2017, corresponding to T.R. No.684 of 2018, subject to the condition that the petitioner shall remain present before the Court as and when the case is taken up for hearing, failing which his bail bond shall be cancelled.

However, the court below before issuing the release order will satisfy himself regarding the fact that the petitioner has completed half of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.4283 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/