Bhola Singh vs The State Of Jharkhand
2022 Latest Caselaw 2346 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.36 of 2022
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1. Bhola Singh

2. Vijay Pratap Singh

3. Bhawani Singh .... .... Appellants Versus The State of Jharkhand .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Ajeet Kr. Singh, Adv. For the State : Mr. Bhola Nath Ojha, A.P.P.

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th 05/Dated: 29 June, 2022

I.A. No.2965 of 2022

1. This interlocutory application has been filed on behalf of the appellants 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 appellants have been convicted for the offence under Sections 325/34 and 341/34 of the Indian Penal Code vide judgment of conviction and order of sentence dated 18.12.2021 by which the appellants have been sentenced to undergo rigorous imprisonment for four years with a fine of Rs.10,000/- each for the offence under Section 325/34 of the I.P.C. in default thereof, further to undergo three months simple imprisonment and rigorous imprisonment for one month with a fine of Rs.500/- each for the offence under Section 341 of the I.P.C., in default thereof, further to undergo 15 days simple imprisonment, passed by the learned Additional Sessions Judge-IV, Gumla in S.T. Case No.68 of 2017.

3. It has been submitted by the learned counsel for the appellants that scuffle has taken place among the family members due to land dispute. No injury has been caused. In fact, alleged fracture has been treated without plaster and no X-ray report has been brought on record. The appellants have remained in custody for more than six months.

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 appellants and enlarge them on bail on their furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Gumla in S.T. Case No.68 of 2017, subject to the condition that the appellants will submit self-attested photocopies of their Aadhaar Cards and also submit their mobile numbers before the learned court below which they 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.2965 of 2022 is, hereby, allowed.

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

(Rajesh Kumar, J.)

Amar/-