Harendra Singh vs The State Of Jharkhand
2022 Latest Caselaw 2653 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 151 of 2021
                                         ....

1. Harendra Singh

2. Shivjee Singh .... Appellants Versus The State of Jharkhand .... Respondent ....

             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

             For the Appellants            : Mr. R.S.Mazumdar, Sr. Adv.
                                             Mr. Rohan Mazumdar, Adv.
              For the State                : Mr. M.K.Mishra, APP
                                           ....
06/14.07.2022           I.A. No.1814 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 04.03.2021 and 06.03.2021 respectively passed by learned Principal Sessions Judge, Giridih in S.T. No.101 of 2012 arising out of Bagodar P.S. Case No.149 of 2010 (G.R.No.1589 of 2010) corresponding to T.R. No.498 of 2012, whereby the appellant has been convicted and has been sentenced to undergo R.I. for seven years for the offence under Section 306 of IPC with fine of Rs.5,000/- and in default of payment of fine further sentenced to undergo R.I. for one year and further sentenced to undergo R.I for 2 ½ years for the offence under Section 201/34 of IPC with a fine of Rs.1,000/- and in default of payment of fine, further sentenced to undergo R.I. for six months.

Earlier prayer for bail of the appellants were rejected vide order dated 16.07.2021 passed in I.A. No.2956 of 2021.

It has been submitted by learned senior counsel for the appellants that at best it is a case of Section 201 of IPC as there is no evidence regarding the instigation for the offence under Section 306 of IPC. It has been further submitted that the appellants have remained in custody for about one year six months. 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 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 Principal Sessions Judge, Giridih in S.T. No.101 of 2012 arising out of Bagodar P.S. Case No.149 of 2010 (G.R.No.1589 of 2010) corresponding to T.R. No.498 of 2012, 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 remained in custody for about one year six months. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.1814 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/