Alok Rai vs The State Of Jharkhand
2022 Latest Caselaw 752 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.1026 of 2022
                           In
             Cr. Appeal (S.J.) No.556 of 2021

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

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For the Appellant : Mr. A. K. Kashyap, Sr. Advocate Mr. Abhilash Kumar, Advocate For the State : Ms. Kumari Rashmi, A.P.P.

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04/Dated: 28th February, 2022 I.A. No.1026 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 appeal has been preferred against the judgment of conviction and order of sentence dated 29.11.2021, passed by the court of learned Additional Sessions Judge- II, Dhanbad, in S.T. No.69 of 2004, whereby the appellant has been convicted for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act, and sentenced to undergo rigorous imprisonment of 7 years along with fine of Rs.20,000/- for the offence under Section 307 of the I.P.C and rigorous imprisonment for three years with fine of Rs.5,000/- for the offence under Section 27 of the Arms Act along with the default clause.

3. Heard learned senior counsel, assisted by Mr. Abhilash Kumar, learned counsel for the appellant and learned A.P.P.

4. It appears that the criminal law has been put into motion by lodging an F.I.R being Kenduadih P.S. Case No.122 of 2002 dated 20.11.2002 wherein allegation has been made against four persons in which three persons were holding the firearms and one person was having bhujali. The nature of injury suggests that there is neither firearm injury nor the injury is caused by the bhujali. Thus, the narratives of the witnesses does not get corroboration either from the injury or from the other materials available on record. There are

allegation of making at least 3 to 4 firearms shots, but nothing has been recovered.

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 learned Additional Sessions Judge- II, Dhanbad, in Sessions Trial No.69 of 2004, 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.1026 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-