Naresh Oraon vs The State Of Jharkhand
2022 Latest Caselaw 1493 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Criminal Appeal (DB) No. 789 of 2018
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            Naresh Oraon                                               ....Appellant
                                            Versus
            The State of Jharkhand                                     ... Respondent
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            CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                          Hon'ble Mrs. Justice Anubha Rawat Choudhary
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            For the Appellant : Mr. Soumitra Baroi, Advocate
            For the State       : Md. Hatim, A.P.P
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09/12.04.2022             Heard learned counsel for the appellant, Mr. Soumitra Baroi and

learned A.P.P, Md. Hatim on the renewed prayer for suspension of sentence made by this appellant through I.A. No. 1531 of 2022.

Sole appellant stands convicted for the offence punishable under Section 395/386/34 of I.P.C. by the impugned judgment dated 15.05.2018 passed in Sessions Trial No. 70 of 2006 by the Court of learned Additional Sessions Judge-I, Lohardaga and has been sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 10,000/- under section 395 of I.P.C and default sentence and rigorous imprisonment for 10 years with a fine of Rs. 10,000/- under Section 386 of I.P.C and default sentence by the impugned order of sentence dated 18.05.2018.

Earlier, the prayer for suspension of sentence was rejected by coordinate Bench of this Court by order dated 23rd August, 2018 and thereafter such prayer was dismissed as withdrawn on 28th June, 2021 on I.A. No. 10389 of 2019 preferred by the appellant. Learned counsel for the appellant submits that the prayer for suspension of sentence has been renewed primarily on the grounds of period of custody of more than half of the sentence i.e., from 13.12.2005 till 01.08.2006 during trial and since 06.09.2017 till date i.e., more than 5 years. Learned counsel for the appellant has also sought to reiterate the grounds on merits of the case. He submits that learned trial court has also recorded in the impugned order of sentence that there is no previous conviction against the appellant. Appellant may be enlarged on bail by granting privilege of suspension of sentence.

Learned A.P.P. has opposed the prayer. He, however, does not dispute the claim of the appellant of having served more than half of the sentence.

We have considered the submission of learned counsel for the parties and taken note of the materials relied upon by them from the Lower Court Records, including the period of custody undergone by the appellant.

Having regard to the facts and circumstances of the case and that the appellant has undergone more than half of the custody till date, we are inclined to grant bail to the appellant by granting privilege of suspension of sentence during pendency of this appeal. Accordingly, appellant, above-named, shall be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Lohardaga in connection with Sessions Trial No. 70 of 2006, subject to condition that appellant and his bailors shall not change their address or mobile number without permission of the learned Trial Court. Appellant shall appear when the case is taken up for final hearing.

I.A. No. 1531 of 2022 stands allowed.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/