Shankar Singh vs The State Of Jharkhand
2022 Latest Caselaw 4601 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. Appeal (DB) No. 308 of 2020

         Shankar Singh                                         ---    ---    Appellant
                                             Versus
         The State of Jharkhand                         ---           ---   Respondent
                                              ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary

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                For the Appellant        : Mr. Kumar Vaibhav, Advocate
                For the State            : Mrs. Vandana Bharti, A.P.P.
                                             ---

06/17.11.2022         Heard learned counsel for the appellant and learned A.P.P. on the

renewed prayer for suspension of sentence of this appellant made through I.A. No.9981 of 2022.

The sole appellant stands convicted for the offence punishable under Section 302 and 307 of the I.P.C by the impugned judgment of conviction dated 05.12.2019 passed in Sessions Trial No. 317 of 2013 by the court of learned Additional Sessions Judge-IX, East Singhbhum at Jamshedpur and has been sentenced to undergo R.I. for life with a fine of Rs.20,000/- and a default sentence under section of 302 of the I.P.C. and R.I. for 7 years and a fine of Rs.20,000/- and a default sentence under section 307 of the I.P.C by the impugned order of sentence dated 06.12.2019.

Earlier the prayer for suspension of sentence was rejected vide order dated 17th August 2021 on merits after receipt of the lower court records. The prayer for suspension of this appellant has been renewed on the ground of the period of custody of about 9 years, 7 months and odd days till date. Learned counsel for the appellant reiterates the submissions on merits from the materials available in the lower court records.

Learned A.P.P. has submitted that the appellant was held guilty for murder of two innocent persons: the brother-in-law of the informant and one 7 years old lady by Dauli. Therefore, he may not be enlarged on bail.

However, having considered the submissions of learned counsel for the parties and the materials placed from the lower court records and primarily on the ground of custody for more than 9 years 7 months undergone by the appellant till date, we are inclined to grant the privilege of suspension of sentence to the appellant during pendency of the appeal. Appellant is

directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions Judge-IX, East Singhbhum at Jamshedpur in connection with Sessions Trial No.317/2013, subject to the conditions that the one of the bailors should be the close relative of the appellant; 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. I.A. No. 9981 of 2022 stands disposed of.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Shamim/