Trilochan Tiriya vs The State Of Jharkhand
2021 Latest Caselaw 3631 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.1929 of 2021
                           In
             Cr. Appeal (S.J.) No.120 of 2021

     Trilochan Tiriya                         ......       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 : Mr. Someshwar Roy, 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.

05/Dated: 27th September, 2021 I.A. No.1929 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 present appeal has been preferred against the judgment of conviction dated 30.11.2018 and order of sentence dated 04.12.2018, passed by the court of learned Additional Sessions Judge - III, West Singhbhum at Chaibasa, in Sessions Trial No.151 of 2018, whereby the appellant has been convicted for the offence under Sections 399/ 402 read with Section 34 of the Indian Penal Code and Sections 25(1- B)a/35 and 26/ 35 of the Arms Act, and awarded maximum sentence of 4 years R.I and fine of Rs.5,000/- for the offence under Section 399/ 34 of the I.P.C with the default clause.

3. It has been submitted by the learned counsel for the appellant that the appellant has remained in custody for almost two years and nine months as he is in custody since 30.11.2018. It has further been submitted that co-convicts namely, Purnachandra Kunkal, Suresh Kunkal, Krishna Hembram and Binod Gagrai @ Binod Kumar Gagrai, have been granted bail, during the pendency of the appeal, by the Co-ordinate Bench of this Court vide orders dated 09.05.2019 & 05.04.2019, passed in Cr. Appeal (S.J.) Nos.1645 of 2018 & 16 of 2019, respectively. On the above facts, prayer for suspension of sentence has been made.

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

5. Considering the fact that the appellant has completed half of the sentence and further, the co-convicts have already been enlarged on bail by the Co-ordinate Bench of this Court, accordingly 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.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - III, West Singhbhum at Chaibasa, in connection with Sessions Trial No.151 of 2018, 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.1929 of 2021 stands disposed off.

(Rajesh Kumar, J.) Chandan/-