Dilip Gupta @ Dilip Kumar Gupta vs The State Of Jharkhand
2022 Latest Caselaw 2117 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 259 of 2022
                                          ....

              Dilip Gupta @ Dilip Kumar Gupta                        ....    Appellant
                                          Versus
             The State of Jharkhand                                   .... Respondent
                                          ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                : Mr. Faisal Khan, Adv.
                For the State                    : Mr. Sardhu Mahto, APP
                                                 ....

04/09.06.2022             I.A. No.2988 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 dated 05.03.2022 and sentence dated 08.03.2022 passed by the learned Sessions Judge, Khunti in S.T. No.32 of 2016 (arising out of Torpa P.S. Case No.66 of 2015 corresponding to G.R. Case No.429 of 2015), whereby the appellant has been convicted for the offence under Sections 279/ 338/ 427 and 307 of IPC and was sentenced to undergo S.I. for six months for the offence under Section 279 of IPC and further sentenced to S.I. for two years for the offence under Section 338 of IPC. The appellant further sentenced to R.I. for five years with a fine of Rs.25,000/- for the offence under Section 307 of IPC and in default thereof further sentenced to S.I. for one year.

Learned counsel for the appellant has submitted that the appellant is the next door neighbour and the mere accident has been aggravated to section 307 of IPC. The injuries are simple in nature. The appellant has remained in custody for about six months. On above basis, prayer for suspension of sentence has been made.

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

Considering the period of custody and the nature of injury, 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, Khunti in S.T. No.32 of 2016 (arising out of Torpa P.S. Case No.66 of 2015 corresponding to G.R. Case No.429 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.

I.A. No.2988 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/