Ajit Kumar vs The State Of Jharkhand
2022 Latest Caselaw 132 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 402 of 2017

              Ajit Kumar                       ---                 ---   Appellant
                                               Versus
              The State of Jharkhand           ---                 ---  Respondent
                                                  ---

              CORAM:          Hon'ble Mr. Justice Aparesh Kumar Singh
                               Hon'ble Mr. Justice Kailash Prasad Deo
                                  Through: Video Conferencing
                                                  ---
              For the Appellant: Mr. Abhay Prakash, Advocate
              For the Respondent: Mr. Bhola Nath Ojha, A.P.P
                                         ---
09 / 19.01.2022       Heard learned counsel for the appellant Mr. Abhay Prakash and learned

A.P.P Mr. Bhola Nath Ojha on the renewed prayer for suspension of sentence made this appellant through I.A. No. 7094/2021.

2. This appellant (husband) along with the mother-in-law Indu Devi stood convicted for the offence punishable under Section 304B/34 of the Indian Penal Code by the impugned judgment dated 02.02.2017 passed in Sessions Trial No. 301 of 2008 by the Court of learned Additional Sessions Judge-III, Ramgarh and both of them have been sentenced to undergo R.I. for ten years by the impugned order of sentence dated 06.02.2017.

3. Learned counsel for the appellant submits that earlier, prayer for suspension of sentence of this appellant was rejected on merits after consideration of materials from the lower court records vide order dated 11.07.2019. By then, appellant had completed about two years and seven months of custody only. However, renewed prayer for suspension of sentence has been made primarily on the ground that he has undergone custody for more than half of the sentenced awarded. Learned counsel has reiterated the submissions on merits again.

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

5. However, on consideration of the submissions of learned counsel for the parties and that the appellant has undergone more than half of the custody of five years, we are inclined to enlarge the appellant on bail, during pendency of this appellant. Accordingly, appellant-Ajit Kumar, shall be released on bail, during pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-III, Ramgarh in Sessions Trial No. 301 of 2008 with the condition that one of the bailors shall be the deponent of the affidavit namely, Arbind Kumar, S/o Late Ramgrah Paswan, R/o Flat No.

101 Shubhkriti Apartment, Morabadi, Divyayan Konge, Ranchi-834008. Let copy of his Aadhar Card be sent to the learned Trial Court for verification. Appellant and the bailors shall not change their address or mobile nos. without permission of the learned Trial Court and appellant and bailors shall furnish their Aadhar Card before the learned Trial Court at time of his release. I.A. No. 7094/2021 stands disposed of.

Let the name of Mr. Bhola Nath Ojha, A.P.P be reflected in the cause list henceforth in place of the erstwhile A.P.P Mr. Brij Bihari Sinha.

(Aparesh Kumar Singh, J)

(Kailash Prasad Deo, J) Ranjeet/