Amit Singh vs The State Of Jharkhand
2022 Latest Caselaw 5056 Jhar

                                       -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.10724 of 2022
                          In
            Cr. Appeal (S.J.) No.643 of 2022

    Amit Singh                                        ......      Appellant
                                  Versus
     The State of Jharkhand                           .....    Respondent
                                  ---------

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

---------

For the Appellant : Mr. Anjani Kumar, Advocate For the State : Mr. Fahad Allam, A.P.P.

---------

               th
06/Dated: 13        December, 2022
I.A. No.10724 of 2022

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of the appeal.

2. The present appeal has been preferred against the judgment of conviction and order of sentence dated 23.07.2022 passed by learned Sessions Judge, West Singhbhum at Chaibasa in connection with S.T. Case No.45 of 2018 arising out of Chakradharpur P.S. Case No.47 of 2017, 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 read with section 34 of IPC and in default of payment of fine, further sentenced to undergo S.I. for six months.

3. It has been submitted by the learned counsel for the appellant by referring to the injuries that the injuries are simple in nature caused by hard and blunt substance and the same are not life threatening, as such offence under Section 307 of IPC is not made out. Further, the appellant was all along on bail during the trial. It has further been submitted that the similarly situated co-convict namely, Rakesh Kumar Jaiswal @ Rakesh Jaiswal, has been granted bail by this Court vide order dated 17.10.2022, passed in Cr. Appeal (S.J.) No.605 of 2022. On above fact, prayer for suspension of sentence has been made.

4. On the other hand, learned counsel for the State has opposed the prayer for suspension of sentence.

5. Considering the above facts, I am inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Singhbhum at Chaibasa, in S.T. Case No.45 of 2018, subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. I.A. No.10724 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-