Jharkhand High Court
Soma Rugu vs The State Of Jharkhand on 14 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 458 of 2021
In
I.A. No.208 of 2022
....
1. Soma Rugu
2. Kushal Rugu .... Appellants
Versus
The State of Jharkhand .... Respondent
With
Criminal Appeal (S.J.) No. 438 of 2021
In
I.A. No.6088 of 2021
....
Dashrath Singh @ Dasrath Ganjhu .... Appellant
Versus
The State of Jharkhand .... Respondent
With
Criminal Appeal (S.J.) No. 439 of 2021
In
I.A. No.6132 of 2021
....
Rajesh Barjo .... Appellant
Versus
The State of Jharkhand .... Respondent
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Appellants : Mr. Arun Kumar, Adv.
Mr. Birat Kumar, Adv.
For the State : Mr. S.K.Shukla, APP
Mr. Rajneesh Vardhan, APP
....
04/14.07.2022 These interlocutory applications have been filed on behalf of the
appellants for suspension of sentence and grant of ad interim bail, during pendency
of the instant appeals.
These criminal appeals have been filed against the judgment of
conviction and order of sentence dated 03.09.2021 and 06.09.2021 respectively
passed by learned Addl. Sessions Judge-II, West Singhbhum at Chaibasa in S.T.
No.20 of 2021 arising out of Gudri P.S. Case No.10 of 2020 corresponding to G.R.
No.278 of 2020, whereby these appellants have been convicted for the offence
under Sections 326/ 149 and 148 of IPC and have been sentenced to undergo R.I.
for eight years with a fine of Rs.20,000/- for the offence under Section 326/149 of
IPC and in default of payment of fine, further sentenced to undergo R.I. for six
months and further sentenced to undergo R.I. for two years for the offence under
Section 148 of IPC.
Learned counsel for the appellants has submitted that appellant, namely,
Soma Rugu has remained in custody for about one year and nine months and
appellant, namely, Kushal Rugu has remained in custody for about fourteen
months. The appellants in Criminal Appeal No.438 of 2021 and Criminal Appeal
No.439 of 2021 have remained in custody since one year and nine months. It has
been further submitted that general and omnibus allegation has been alleged against
these appellants. There is only evidence of deposition of the victim. Even the wife
and other family members have been declared hostile. The allegation of cutting of
ear has not been alleged in the F.I.R. On above fact, prayer for suspension of
sentence has been made.
Learned A.P.P. has opposed the prayer for bail.
Considering the materials available on record and the period of custody, I
am inclined to suspend the sentence and enlarge the appellants on bail, on
furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Addl. Sessions Judge-II, West
Singhbhum at Chaibasa in S.T. No.20 of 2021 arising out of Gudri P.S. Case No.10
of 2020 corresponding to G.R. No.278 of 2020, subject to the condition that the
appellants will submit self attested copy of their Aadhar Card and also give their
mobile number before the learned court below, which they 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 appellants have completed the above period in
custody. If not, then no release order will be issued rather the matter will be
reported to this Court.
I.A. No.208 of 2022, I.A. No.6088 of 2021 and I.A. No.6132 of 2021
stand disposed of.
(Rajesh Kumar, J.)
Shahid/
