Mantu Sarkar vs The State Of Jharkhand
2022 Latest Caselaw 4979 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 679 of 2022
                                           ....

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

                For the Appellant             : Md. Yasir Arafat, Adv.
                For the State                 : Mr. V.S.Sahay, A.P.P.
                                              ....
04/08.12.2022             I.A. No.8678 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 30.08.2022 and 31.08.2022 respectively passed by learned Addl. Sessions Judge-II, Pakur in S.T. No.15 of 2016 arising out of Pakur (Muffasil) P.S. Case No.217 of 2015 corresponding to G.R. No.530 of 2015, whereby the appellant has been convicted under Sections 323/ 341/ 324/ 326 and 504 of IPC and the maximum sentence imposed upon the appellant is R.I. for five years for the offence under Sections 326 of IPC with default clause.

Learned counsel for the appellant has submitted that the appellant was all along on bail and both the parties are neighbourers and it is a neighbourhood dispute and due to that he has been falsely implicated in this case. There is material contradiction in the deposition of the injured witness vis a vis medical evidence. On above fact, prayer for suspension of sentence has been made.

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

Considering the materials available on record and the fact that the appellant was all along on bail, 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-II, Pakur in S.T. No.15 of 2016 arising out of Pakur (Muffasil) P.S. Case No.217 of 2015 corresponding to G.R. No.530 of 2015, 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.8678 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/