Jharkhand High Court
Ganpat Nayak vs The State Of Jharkhand on 11 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 705 of 2020
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Ganpat Nayak ...... Appellant
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Md. Zaid Ahmed, Advocate
For the State : Mr. Satish Prasad, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties
had no objection with it and submitted that the audio and video qualities are good.
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I.A. No. 2015 of 2022
05/11.05.2022 Heard learned counsel for the appellant and learned
counsel for the State.
2. The instant I.A. No. 2015 of 2022 has been filed by the
appellant for suspension of sentence and for grant of bail to the
appellant, during pendency of the Criminal Appeal.
3. This Criminal Appeal has been filed challenging the
judgment of conviction dated 07.08.2018 and order of sentence
dated 18.08.2018 passed by learned Additional Sessions Judge-I,
Simdega in S. T. No. 46 of 2017 arising out of Simdega P. S. Case
No. 26 of 2015 corresponding to G. R. No. 84 of 2015(S) whereby
the appellant has been convicted for the offence punishable under
Sections 307/34 of the Indian Penal Code and Section 3/4 of the
Prevention of Witch (Daain) Practices Act, 1999 and sentenced to
undergo R.I. for a period of five(5) years and fine of Rs. 5000/- for
the offence under Section 307/34 of the Indian Penal Code and in
default of fine, he has further been sentenced to undergo S.I. for a
period of two(2) months and further sentenced to undergo R.I. for
three(3) months and six(6) months respectively under Section 3/4
of the Prevention of Witch (Daain) Practices Act, 1999. All the
sentences have been directed to be run concurrently.
4. It has been submitted by the learned counsel for the
appellant that the FIR was lodged against unknown. The appellant
is not named in the FIR and only suspicion has been raised against
other co-convict persons including this appellant. It is submitted
that the appellant is in custody since the date of judgment i.e.
07.08.2018 i.e. for more than three (3) and half years and prior to
this also he was in custody.
5. Learned counsel for the State has opposed the prayer for
bail.
6. Considering the facts and circumstances of the case and
considering the period of custody of the appellant, during
pendency of this Criminal Appeal, the appellant- Ganpat Nayak is
directed to be released on bail on furnishing bail bond of Rs.
10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-I, Simdega in S. T. No. 46 of 2017 arising out of Simdega P.
S. Case No. 26 of 2015 corresponding to G. R. No. 84 of 2015(S).
7. I.A. No. 2015 of 2022 stands allowed and disposed of.
(Sanjay Prasad, J.)
Kamlesh/
