Bantosh Kumar Pan vs The State Of Jharkhand
2022 Latest Caselaw 2691 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No. 19 of 2019

       Bantosh Kumar Pan                          ...   ...     Appellant
                                       Versus
       The State of Jharkhand                   ...   ...    Respondent
       CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Appellant : Mrs. Vineeta Sharma, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P.

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I.A. No. 5990 of 2022

06/15.07.2022 The present interlocutory application has been filed on behalf of the appellant under Section 389(1) Cr.P.C. for suspension of sentence awarded to the appellant vide order dated 25.09.2018 passed by the learned trial court and his release on bail during the pendency of the present appeal.

The learned counsel for the appellant submits that similar application preferred by the appellant was earlier rejected by this Court vide order dated 08.03.2019 passed in I.A. No. 128 of 2019. However, the appellant has renewed his prayer for suspension of sentence primarily due to the reason that he has already remained in judicial custody for about 5 years 4 months in connection with the present case against the maximum sentence of 7 years awarded to him under Section 307 IPC by learned trial court. Since the appellant has already undergone more than half of the sentence awarded to him by the learned trial court, the sentence awarded to him may be suspended and he may be released on bail during pendency of the present appeal.

Mr. Rajneesh Vardhan, learned A.P.P appearing on behalf of the State, on verifying the Lower Court Record, submits that the appellant was remanded to judicial custody on 24.03.2017 in connection with the present case and since then, he is in judicial custody.

Having heard the learned counsel for the parties, on perusal of the LCR and looking to the impugned judgment rendered by the learned trial court as well as considering the fact that the appellant has already undergone more than half of the sentence awarded by the learned trial court in connection with the present case, the execution of the sentence awarded to the appellant by the learned trial court vide order dated 25.09.2018 shall remain suspended during pendency of the present appeal.

Accordingly, the appellant above named is directed to be released on bail, during pendency of the present appeal, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, West Singhbhum at Chaibasa, in connection with S.T. No. 138 of 2017.

I.A. No. 5990 of 2022 stands disposed of.

(Rajesh Shankar, J.) Manish