Anup Kumar Yadav vs The State Of Jharkhand
2022 Latest Caselaw 3224 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 497 of 2021
                                         ....

             Anup Kumar Yadav                                       ....    Appellant
                                         Versus
            The State of Jharkhand                                   .... Respondent
                                         ....
             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant            : Mr. Ashok Kumar, Adv.
                For the State                : Mr. Ravi Prakash, Spl. P.P.
                                             ....
06/17.08.2022             I.A. No.1264 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 20.09.2021 and 22.09.2021 respectively passed by learned Addl. Sessions Judge-III, Latehar in S.T. No.40 of 2021 arising out of Latehar P.S. Case No.198 of 2020 corresponding to G.R. Case No.726 of 2020, whereby the appellant has been convicted under Section 25(1-A)/35, 25(1-B) a/35 and 26/35 of the Arms Act and the maximum sentence imposed upon the appellant is R.I. for six years for the offence under Sections 25(1-A)/35 of the Arms Act with fine of Rs.2,000/- and in default of payment of fine, further sentenced to undergo R.I. for two months.

It has been submitted by learned counsel for the appellant that maximum punishment is six years while the appellant has remained in custody for more than two years. It has been further submitted that the arms and ammunition seized from this appellant has not been produced in the court. In fact, material produced in the court is different as it is evident from the deposition of P.W.-11. On above fact, prayer for suspension of sentence has been made.

Learned Spl. P.P. has opposed the prayer for bail.

Considering the above facts, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-III, Latehar in S.T. No.40 of 2021 arising out of Latehar P.S. Case No.198 of 2020 corresponding to G.R. Case No.726 of 2020, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No.1264 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/