Karampal Ganjhu @ Anish Ji vs The State Of Jharkhand
2022 Latest Caselaw 4400 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.7926 of 2022
                            In
             Cr. Appeal (S.J.) No.547 of 2022

     Karampal Ganjhu @ Anish Ji
     @ Danveer                                    ......     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. Chaturvedi, Advocate For the State : Mr. P. D. Agrawal, A.P.P.

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06/Dated: 03        November, 2022
I.A. No.7926 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 dated 14.07.2022 and order of sentence dated 15.07.2022, passed by the court of learned Additional Sessions Judge - III, Chatra, in S.T. No.243 of 2017, whereby the appellant has been convicted for the offences under Sections 25(1-A) & 25(1-B)a of the Arms Act and the maximum sentence imposed upon him is rigorous imprisonment for seven years along with a fine of Rs.10,000/- with a default clause.

4. It has been submitted by the learned counsel for the appellant that out of seven years of maximum sentence, the appellant has remained in custody for more than half of the sentence. On the above basis, prayer for suspension of the appellant has been made.

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

6. Considering the fact that the appellant has remained in custody for more than half of the sentence, 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 - III, Chatra, in Sessions Trial No.243 of 2017, 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.

However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed half of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

7. I.A. No.7926 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-