Jitendra Singh vs The State Of Jharkhand
2022 Latest Caselaw 5179 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           Criminal Appeal (D.B.) No. 631 of 2016

            Jitendra Singh                                                    Appellant
                                      Versus
            The State of Jharkhand                                            Respondent
                                             ------

      CORAM       : HON'BLE MR. JUSTICE ANANDA SEN
                  : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                        ------
            For the Appellant    : Mr. Surendra Prasad Sinha, Advocate
            For the State        : Mr. Fahad Allam, A.P.P.


09/21.12.2022:    I.A. No.8842 of 2022

Heard, learned counsel for the appellant, learned counsel for the State. By way of filing this interlocutory application, the appellant has renewed his prayer to suspend the sentence and release him on bail, during pendency of this appeal.

Appellant has remained in custody since 13.02.2012, i.e. for more than 10 years. Learned counsel for the appellant submits that there is no likelihood of this appeal being taken up for final hearing in near future.

Considering the period of custody of the appellant and in view of the judgment of the Hon'ble Supreme Court in the case of Sonadhar vs. State of Chhattisgarh, reported in 2021 SCC OnLine SC 3182, we are inclined to allow this interlocutory application. The sentence against the appellant is suspended and he is directed to be released on bail, during the pendency of this appeal, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge VII, Palamu at Daltonganj in connection with Sessions Trial Case No. 16 of 2013, arising out of Sadar P.S. Case No.63 of 2012 subject to condition that the appellant will mark his attendance, once in every three months, before the Registrar, Civil Courts, Palamau with a further condition that one of the bailors must be a close relative of the appellant, who will furnish an undertaking to the effect that he will ensure appearance of appellant before the Registrar, Civil Courts, Palamau, once in every three months till disposal of this appeal.

Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

(SANJAY KUMAR DWIVEDI, J.)