Anem Topno vs The State Of Jharkhand
2022 Latest Caselaw 2625 Jhar

                           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Criminal Appeal (S.J.) No. 1217 of 2019
                                            ....

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

                For the Appellant                 : Mr. Ajit Kumar, Adv.
                For the State                     : Mr. Ravi Prakash, Spl. P.P.
                                                  ....
07/13.07.2022              I.A. No.75 of 2021

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 21.06.2019 passed by learned Sessions Judge, Simdega in S.T. No.165 of 2015, whereby the appellant has been convicted and has been sentenced to undergo R.I. for seven years for the offence under Section 307 of IPC with fine of Rs.5,000/- and in default of payment of fine further sentenced to undergo R.I. for six months and further sentenced to undergo R.I for seven years for the offence under Section 326 of IPC with a fine of Rs.5,000/- and in default of payment of fine, further sentenced to undergo R.I. for six months.

It has been submitted by learned counsel for the appellant that the appellant has remained in custody for more than three year. 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 Sessions Judge, Simdega in S.T. No.165 of 2015, 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.75 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/