Ranjit Das vs The State Of Jharkhand
2022 Latest Caselaw 4399 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     I.A. No.8087 of 2022
                             In
              Cr. Appeal (S.J.) No.521 of 2022

      Ranjit Das                                    ......       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. Sudhansu Kr. Deo, Advocate
       For the State             : Mr. S. K. Jha, A.P.P.
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06/Dated: 03rd November, 2022
I.A. No.8087 of 2022

1. The present interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction and order of sentence dated 10.06.2022, passed by the court of learned Additional Sessions Judge - II, Deoghar, in S.T. No.235 of 2013, whereby the appellant has been convicted for the offence under Section 304(II) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years along with a fine of Rs.10,000/- with a default clause.

3. It has been submitted by the learned counsel for the appellant that five years maximum sentence has been awarded to the appellant and he has remained in custody for more than six months. It has further been submitted that it is not a case under Section 304 (II) I.P.C as there is neither any intention nor any knowledge nor any such injuries. On the above basis, prayer for suspension of sentence has been made.

4. On the other hand, learned A.P.P has opposed the prayer for suspension of sentence.

5. Considering the materials available on record and the period of custody, I am inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of the appeal, on his 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 - II, Deoghar, in Sessions Trial No.235 of 2013, subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. I.A. No.8087 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-