Sukhdeo Hembrom vs The State Of Jharkhand
2022 Latest Caselaw 2624 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 354 of 2020
                                          ....

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

                For the Appellant                 : Mr. R.P.Gupta, Adv.
                For the State                     : Mrs. Vandana Bharti, A.P.P.
                                                  ....

06/13.07.2022              I.A. No.5588 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 28.02.2020 and 29.02.2020 respectively passed by learned Addl. Sessions Judge-II, West Singhbhum at Chaibasa in S.T. Case No.164 of 2014 arising out of Kiriburu P.S. Case No.14 of 2013, corresponding to G.R. No.610 of 2013, whereby the appellant has been convicted and has been sentenced to undergo R.I. for seven years for the offence under Section 5(a) of Explosive Substance Act with fine of Rs.25,000/- and in default of payment of fine, further sentenced to undergo R.I. for six months.

Earlier prayer for bail of the appellant was rejected vide order dated 13.09.2021 but now the appellant has completed more than half of the sentence i.e. more than three years. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail.

Considering the period of custody, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, West Singhbhum at Chaibasa in S.T. Case No.164 of 2014 arising out of Kiriburu P.S. Case No.14 of 2013, corresponding to G.R. No.610 of 2013, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed more than three years of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.5588 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/