Anil Kumar Barnwal vs The State Of Jharkhand
2022 Latest Caselaw 5135 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (SJ) No. 863 of 2022
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   Anil Kumar Barnwal                      ...    ...   Appellant
                                Versus
   The State of Jharkhand                  ...    ...     Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Pran Pranay, Advocate For the Respondent : Mr. Suraj Deo Munda, Addl.P.P.

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Order No. 02: Dated: 19 December, 2022 th

Learned counsel for the parties is present.

I.A. No. 11523 of 2022 The instant interlocutory application has been filed for confirmation of provisional bail granted to the appellant.

This appeal has been preferred against the judgment of conviction and order of sentence dated 21.11.2022 passed in Sessions Trial No. 123/2017 arising out of Deoghar (Town) P.S. Case No. 149/2017 corresponding to G.R,. Case No. 391/2017 passed by learned Sessions Judge, Deoghar whereby and where under the learned Judge has held the appellant guilty and convicted him for the offences u/s 323/324 of IPC and further sentenced the appellant to undergo R.I. for three years for the offence u/s 324 of IPC and a fine of Rs. 20,000/-. In default of payment of fine, the appellant has been directed to undergo further SI of six months. The appellant is also sentenced to one year R.I. for the offence punishable u/s 323 of IPC. It has further been ordered that the entire amount of fine shall be paid to the victim in terms of section 357 (1) Criminal Procedure Code.

It has been pointed out by the appellant that the appellant was granted provisional bail by the learned court below till 20.12.2022. It has further been submitted that the appellant is ready to deposit fine amount and submitted that let the provisional bail granted to the appellant by the learned court below be confirmed.

Learned Addl.P.P. for the State did not oppose the contentions raised on behalf of the appellant that the appellant was granted provisional bail till 20.12.2022.

Having taken into consideration the aforesaid facts the provisional bail granted to the appellant is hereby confirmed subject to the condition that the appellant deposits the fine amount as awarded to the appellant by the learned court below within a period of three weeks from today and file the receipt of the same before this Court positively.

I.A. No. 11523 of 2022 stands disposed of accordingly.

Cr. Appeal (SJ) No. 863 of 2022 This appeal is admitted.

Office is directed to call for the original lower court record in this appeal from the concerned court and let this case be listed after receipt of the same for hearing as per seriatim.

(Navneet Kumar, J.) MM