John Hembrom @ John vs The State Of Jharkhand
2022 Latest Caselaw 4152 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (SJ) No. 255 of 2021
                                         ....

             John Hembrom @ John                                   ....    Appellant
                                         Versus
             The State of Jharkhand                                 .... Respondent
                                         ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                : Mr. Vijay Shanker Jha, Adv.
                For the State                    : Ms. Priya Shrestha, A.P.P.
                                                 ....

05/12.10.2022             I.A. No.8591 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 09.03.2021 passed by learned Addl. Sessions Judge-II, Dumka in S.T. No.164 of 2016 arising out of Ramgarh P.S. Case No.18 of 2016, corresponding to G.R. Case No.141 of 2016, whereby the appellant has been convicted and sentenced to undergo R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 395 of IPC and in default of payment of fine, further sentenced to undergo R.I. for three months.

Learned counsel for the appellant has submitted that the appellant has remained in custody for six years and three months out of the maximum sentence of seven years. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer.

Considering the period of custody, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Dumka in S.T. No.164 of 2016 arising out of Ramgarh P.S. Case No.18 of 2016, corresponding to G.R. Case No.141 of 2016, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

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

I.A. No.8591 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/