Jharkhand High Court
Vikash Kumar vs Vrs on 11 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1087 of 2018
......
1. Vikash Kumar
2. Binod Ganjhu @ Pramod Ganjhu ............ Appellants
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 Appellants : Mr. A.K. Chaturvedi, Advocate
For the State : Mr. Rajneesh Vardhan, A.P.P.
09/11.11.2022 Heard learned counsel for the appellants Mr. A.K. Chaturvedi
and learned A.P.P. Mr. Rajneesh Vardhan on the renewed prayer for
suspension of sentence of the appellants made through I.A. No.744 of 2021.
Both the appellants stand convicted for the offences punishable
under Sections 364(A)/34 of the Indian Penal Code vide impugned judgment
of conviction dated 14.08.2018 passed in S.T. Case No.264/2014 by the
learned court of Additional Sessions Judge-I, Latehar and have been
sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000/-
each and default sentence each vide impugned order of sentence dated
16.08.2018.
Learned counsel for the appellants submits that both the
appellants have remained in custody for more than 8 years i.e. since 26th
September 2014. Learned counsel for the appellants further submits that other
co-convict namely Rakesh Kumar Kesari has been enlarged on bail by a
Coordinate Bench of this Court vide order dated 27 th June 2022 passed in Cr.
Appeal (DB) No.1031 of 2018 also taking into account that he was in custody
since 2nd August 2014. Learned counsel for the appellants submits that as per
the case of the informant P.W.8 his brother-in-law was taken away by the
extremists in night. Informant and his sister followed them but they were
threatened and came back. It is further alleged that the victim was released
after arranging Rs.1 lakh for release. However, P.W.2 wife of the victim has
turned hostile. She has also stated that the accused persons were covering
their faces. P.W.3, 4 and 5 are hearsay witnesses. P.W.6 has not identified the
accused. As such, appellants who have served more than half of the custody
by now, may be released on bail since similarly situated co-convict has
already been enlarged on bail by the Coordinate Bench of this Court.
Learned A.P.P. has opposed the prayer.
We have considered the submissions of learned counsel for the
parties and the materials relied upon by them from the lower court records.
Having regard to the totality of the facts and circumstances
noted above and that the appellants have remained in custody for more than 8
years by now, we are inclined to enlarge the appellants on bail by suspending
the sentence during pendency of the appeal on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Additional Sessions Judge-I, Latehar in connection
with S.T. Case No.264/2014, subject to the conditions that the one of the
bailors should be the close relative of the appellants and the other should be
the deponent of this interlocutory application; appellants as well as their
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 their release. I.A. No.744/2021 stands disposed
of.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
Shamim/
