Pradip Kr. Singh @ Rahul Singh vs Vrs
2022 Latest Caselaw 4525 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (DB) No. 810 of 2014
                                       ......

Pradip Kr. Singh @ Rahul Singh ............ Appellant Vrs.

The State of Jharkhand ............ Respondent .......

       CORAM:           The Hon'ble Mr. Justice Aparesh Kumar Singh
                        The Hon'ble Mr. Justice Kailash Prasad Deo

                For the Appellant        : Mr. Anand Kumar Sinha, Advocate
                For the State            : Mr. Pankaj Kumar, P.P.


07/11.11.2022         Heard learned counsel for the appellant Mr. Anand Kumar Sinha

and learned P.P. Mr. Pankaj Kumar on the renewed prayer for suspension of sentence made by this appellant through I.A. No.9086 of 2022.

This appellant stood convicted in Sessions Trial No.593 of 2012 by the impugned judgment of conviction dated 16.09.2014 rendered by learned Sessions Judge, Dhanbad for the offence punishable under Sections 364A/302/201/34 of the I.P.C, while the other co-accused Mojabir Khan @ Guddu Khan was acquitted of the charges. The appellant has been sentenced to undergo life imprisonment for each of the offences u/s 302/364A/34 of the I.P.C along with fine of Rs.10,000/- each. He has further been directed to undergo R.I. for 7 years and a fine of Rs.10,000/- along with default sentence u/s 201/34 of the I.P.C by the impugned order of sentence of the same date.

Learned counsel for the appellant submits that the prayer for suspension of sentence has been renewed primarily on the ground that the appellant has completed more than 9 years of custody by now. Earlier his prayer for suspension of sentence was rejected on merits on 24th July 2019 and again on 15th December 2021. He submits that considering the period of custody and in view of the guidelines issued by the Hon'ble Supreme Court, the appellant may be enlarged on bail by suspending the sentence.

Learned P.P. has opposed the prayer.

Having considered the submissions of learned counsel for the appellant and the fact that the appellant has undergone more than 10 years of custody till date, we are inclined to enlarge the appellant on bail by suspending the sentence during 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 learned Sessions Judge, Dhanbad in connection with Sessions Trial No.593 of 2012, subject to the conditions that the one of the bailors should be the close relative of the appellant and the other should be the deponent of this interlocutory application; appellant as well as his bailors shall not change their residential addresses and mobile numbers, if any, without prior permission of the learned trial court and shall submit Aadhar Cards at the time of his release. I.A. No.9086/2022 stands disposed of.

Let the name of learned P.P. Mr. Pankaj Kumar be reflected in the cause list henceforth.

(Aparesh Kumar Singh, J.)

(Kailash Prasad Deo, J.) Shamim/