Pankaj Singh vs The State Of Jharkhand
2022 Latest Caselaw 2270 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.33 of 2022
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Pankaj Singh                                .... .... Appellant
                              Versus
The State of Jharkhand                      .... .... Respondent
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      CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant                    : Mr. A.K. Kashyap, Sr. Adv.
For the State                        : Mr. Manoj Kr. Mishra, A.P.P.
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              th
03/Dated: 27 June, 2022

      I.A. No.784 of 2022

1. This interlocutory application has been filed on behalf of the appellant under Section 389 (1) of the Code of Criminal Procedure, for suspension of sentence and releases him on bail, during pendency of the instant appeal.

2. The appellant has been convicted for the offence under Sections 307/34 and 324 of the Indian Penal Code and under Section 27 of the Arms Act R/w 34 IPC vide judgment of conviction and order of sentence dated 20.12.2021 by which the appellant has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs.15,000/- for the offence under Section 307/34 of the I.P.C. in default thereof, further to undergo one year rigorous imprisonment; rigorous imprisonment for two years with a fine of Rs.10,000/- for the offence under Section 324/34 of the IPC in default thereof, to further undergo one month rigorous imprisonment and rigorous imprisonment for three years with a fine of Rs.10,000/- for the offence under Section 27 of the Arms Act R/w Section 34 of the IPC in default thereof to further undergo one year rigorous imprisonment, passed by the learned Additional Sessions Judge-VI, Deoghar in Sessions Trial No.178 of 2014.

3. It has been submitted by the learned senior counsel for the appellant that the appellant has remained in custody for about six months as he is in custody since 20.12.2021. Further, it has been submitted that the allegation of firing is upon another co-convict namely Prabhat Tiwari not against this appellant.

4. Learned counsel for the State has opposed the prayer for bail.

5. Considering the above facts, I am inclined to suspend the sentence of the appellant and enlarge him on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Deoghar in Sessions Trial No.178 of 2014, subject to the condition that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

6. In the result, I.A. No.784 of 2022 is, hereby, allowed.

7. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

(Rajesh Kumar, J.)

Amar/-