Shatrughan Kumar @ Shatrudhan ... vs The State Of Jharkhand
2022 Latest Caselaw 2384 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  I.A. No. 2429 of 2021
                                             In
                      Criminal Appeal (D.B.) No. 1276 of 2018
      1. Shatrughan Kumar @ Shatrudhan Kumar
      2. Suraj Singh
      3. Deepak Kar......                                                 Appellant(s).
                                     Versus
         The State of Jharkhand............                               Respondent
                                             ------

   CORAM        : HON'BLE MR. JUSTICE ANANDA SEN
                : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                            ------

          For the Appellant(s) : M/s Indrajit Sinha and Rajnandan Chatterjee, Advocates
         For the State           : A.P.P.
                                            -----
                              I.A. No. 2429 of 2021
07/30.06.2022      Heard learned counsel for the appellant No. 1 and the learned counsel for
            the State.

By way of filing this interlocutory application, appellant No. 1 has renewed his prayer to suspend the sentence and release him on bail, during pendency of this appeal.

Counsel for the appellant submits that vide order dated 3.4.2019, it is clear that earlier the prayer for bail of the appellant was not considered on merits, rather the same was dismissed as not pressed.

Counsel for the appellant No. 1 submits that only on the ground that the appellant No. 1 was one of the conspirator, he has been convicted. He further submits that during trial, the appellant No. 1 was on bail. He was released on bail vide order dated 13.7.2017 by this Court and he remained in custody after the judgment was pronounced i.e. 4.8.2018 till date and also during trial he was in custody from July 2016 till he was enlarged on bail.

Considering the fact that the appellant No. 1 was on bail during the trial, we are inclined to allow this interlocutory application. The sentence against the appellant No. 1, above named, is suspended and he is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Addl. Judicial Commissioner-XIII, Ranchi in connection with Sessions Trial No. 645/2016, subject to condition that he will mark his attendance once in every four months before the Registrar, Civil Court, Ranchi, till disposal of this appeal.

Thus, this interlocutory application is disposed of.

(ANANDA SEN, J.)

(SANJAY KUMAR DWIVEDI, J.) Anu-c.p.3