Hagru Purti vs The State Of Jharkhand
2022 Latest Caselaw 3496 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 348 of 2020
                                          ....

              Hagru Purti                                            ....    Appellant
                                          Versus
             The State of Jharkhand                                   .... Respondent
                                          ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Pravin Kumar, Adv.
                For the State                 : APP
                                              ....
06/31.08.2022             I.A. No.2234 of 2020

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 28.11.2019 and 30.11.2019 respectively passed by learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in S.T. Case No.223 of 2002 arising out of Gua P.S. Case No.35 of 2002 corresponding to G.R. No.376 of 2002, whereby the appellant has been convicted under Sections 307 of IPC and has been sentenced to undergo R.I. for six years with a fine of Rs.5,000/- and in default of payment of fine, further sentenced to undergo R.I. for one year.

Learned counsel for the appellant has submitted that the appellant has remained in custody for about four years and eight months out of maximum punishment of six years. On above fact, prayer for suspension of sentence has been made.

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

Considering the above facts and the period of custody, 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 Additional Sessions Judge-I, West Singhbhum at Chaibasa in S.T. Case No.223 of 2002 arising out of Gua P.S. Case No.35 of 2002 corresponding to G.R. No.376 of 2002, 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.

However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed four years and eight months of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.2234 of 2020 stands disposed of.

(Rajesh Kumar, J.) Shahid/