Abdul Razzak @ Javed @ Ab. Rajjaque ... vs The State Of Jharkhand
2022 Latest Caselaw 4870 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 718 of 2022
                                           ....

Abdul Razzak @ Javed @ Ab. Rajjaque @ Javed Abdul Razzak .... Appellant Versus The State of Jharkhand .... Respondent ....

              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

              For the Appellant             : Mr. Ashok Kumar, Adv.
                                              Mr. S.T. Sajid, Adv.
              For the State                 : Mr. Sardhu Mahto, A.P.P.
                                            ....
05/05.12.2022           I.A. No.10560 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 03.09.2022 and 05.09.2022 respectively passed by learned Addl. Sessions Judge-IV, East Singhbhum, Jamshedpur in S.T. No.249A of 2014 arising out of Mango (Azadnagar) P.S. Case No.180 of 2014 (G.R. Case No.1027 of 2014), whereby the appellant has been convicted and sentenced to undergo R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 307/34 of IPC and in default of payment of fine, further sentenced to undergo S.I. for three months and he has been further sentenced to undergo R.I. for five years with a fine of Rs.5,000/- for the offence under Section 27 of the Arms Act and in default of payment of fine, further sentenced to undergo S.I. for one month.

Learned counsel for the appellant has submitted that the informant has got injury from the bullet fired by another co-accused, namely, Chhota Bachha @ Sahnawaz. Although P.W.-1 has also stated that this appellant has also fired but this fact has not been corroborated by any other evidence. The appellant was all along on bail during trial. On above fact, prayer for suspension of sentence has been made.

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

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-IV, East Singhbhum, Jamshedpur in S.T. No.249A of 2014 arising out of Mango (Azadnagar) P.S. Case No.180 of 2014 (G.R. Case No.1027 of 2014), 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.10560 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/