Sanjay Gupta vs The State Of Jharkhand
2022 Latest Caselaw 2344 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.18 of 2022
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Sanjay Gupta                                .... .... 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                        : Mrs. Priya Shrestha, A.P.P.
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              th
04/Dated: 29 June, 2022

      I.A. No.481 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 306 and 498-A of the Indian Penal Code vide judgment of conviction dated 07.09.2021 and order of sentence dated 09.09.2021 by which the appellant has been sentenced to undergo rigorous imprisonment for seven years and fine of Rs.20,000/- for the offence under Section 306 of I.P.C. and in default thereof, further to undergo one year rigorous imprisonment and rigorous imprisonment for two years and fine of Rs.5,000/- for the offence under Section 498-A of the I.P.C., in default thereof, further to undergo three months rigorous imprisonment, passed by the learned Additional Sessions Judge-III, Garhwa in S.T. No.305 of 2007.

3. It has been submitted by the learned senior counsel for the appellant that the independent witness has turned hostile and rest of the witnesses are interested witness. Further, the death has been found suicidal and the appellant has remained in custody for more than three years.

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

5. Considering the period of custody and the materials available on record, 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-III, Garhwa in S.T. No.305 of 2007, 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.481 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/-