Jharkhand High Court
Ajay Singh vs The State Of Jharkhand on 3 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1088 of 2019
1. Ajay Singh
2. Surendra Singh @ Surendra Kumar Singh --- --- Appellants
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellants: Mr. Shadab Eqbal, Advocate
For the Respondent: Mr. Sanjay kr. Srivastava, A. P.P
---
07 / 03.08.2022 Heard learned counsel for the appellants Mr. Shadab Eqbal and learned
A.P.P. Mr. Sanjay Kumar Srivastava on the renewed prayer for suspension of
sentence of these appellants made through I.A. No. 3958/ 2022.
2. These two appellants along with three others Lalmani Singh, Raj Gupta
@ Ashish Kumar Gupta @ Abhisek Gupta and Nankhu Singh @ Sakindra
Singh have been convicted for the offence punishable under sections 302, 307,
201 read with section 34 of the Indian Penal Code and also under section 120-B
of the Indian Penal Code, but have been acquitted for the offence under section
27 of the Arms Act, by the impugned judgment dated 07.09.2019 passed in
Sessions Trial No. 126/2016 by the Court of learned Sessions Judge, Latehar
and they have been sentenced to undergo imprisonment in the following
manner, by the impugned order of sentence dated 17.07.2019.
i. R.I for five years with a fine of Rs. 1,000/- and default sentence
under section 201 of the Indian Penal Code.
ii. R.I for one year under section 120-B of the Indian Penal Code.
iii. R.I for five years with a fine of Rs. 1,000/- and default
sentence under section 307 of the Indian Penal Code.
iv. R.I for life with a fine of Rs. 5,000/- and default sentence
under section 302 of the Indian Penal Code
All the sentences have been ordered to run concurrently.
3. Learned counsel for the appellants submits that the appellant no. 1 is in
custody since 31.03.2016 while appellant no. 2 is in custody since 19.05.2016
i.e. for more than six years and few months. It is further submitted that co-
convicts Ashish Kumar Gupta @ Raj Gupta @ Abhisek Gupta and Sikandar
Singh @ Sakindra Singh @ Nanhku Singh have been enlarged on bail by a
Coordinate Bench of this Court by suspending their sentence vide order dated
19.04.2022 passed in Cr. Appeal (DB) No. 1018/2019. Learned counsel for the
appellants submits that PWs-1, 2 & 3 all though claimed to be the eyewitnesses
having seen the deceased accompanying the accused persons who had come
with firearms and shot at the brother of the Informant resulting in his death, but
there was no specific allegation against the individual appellants herein with
respect to the firing made. Allegations are omnibus in nature. The case of the
appellants is on better footing to that of co-convicts Ashish Kumar Gupta @
Raj Gupta @ Abhisek Gupta and Sikandar Singh @ Sakindra Singh @ Nanhku
Singh on whose confession (Ext.-8), recovery of firearms and ammunition was
made. Therefore, appellants may be enlarged on bail by suspending the
sentence.
4 Learned A.P.P has opposed the prayer. However, he is not in a position
to dispute that the case of the present appellants is not distinguishable from that
of the other co-convicts namely, Ashish Kumar Gupta @ Raj Gupta @ Abhisek
Gupta and Sikandar Singh @ Sakindra Singh @ Nanhku Singh who have been
enlarged on bail by the Coordinate Bench of this Court.
5. We have considered the submission of learned counsel for the parties
and materials placed from the lower court records and also taken note of the
order passed by the Coordinate Bench of this Court granting bail to two other
co-convicts who are similarly placed as that of the appellant. Appellants have
remained in custody for more than six years by now. Taking into account all
these facts and circumstances, Appellants, above named, shall be
released on bail, during pendency of this appeal, on furnishing bail bonds of
Rs. 10,000/- (Rupees ten thousand) each, with two sureties of the like amount
each, to the satisfaction of learned Sessions Judge, Latehar in Sessions Trial
No. 126/2016, subject to the condition that the appellants and their bailors shall
not change their address or mobile nos. without permission of the learned Trial
Court and appellants and their bailors shall also furnish their Aadhar Card
before the learned Trial Court at the time of their release. I.A. No. 3958/2022
stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
