Jharkhand High Court
Sikandar Kumar @ Sikandar Ram vs The State Of Jharkhand on 14 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No. 230 of 2019
Sikandar Kumar @ Sikandar Ram ..... Appellant
Versus
The State of Jharkhand ..... Respondent
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Appellant : Mr. Arwind Kumar, Advocate.
For the Respondent : Mr. Gautam Rakesh, A.P.P.
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08/Dated: 14/10/2022
I.A. No.9347 of 2022
Heard, learned counsel for the appellant, Mr. Arwind Kumar.
Learned counsel for the appellant has submitted that appellant has renewed
his prayer for suspending the sentence vide I.A. No. 9347/2022.
Learned counsel for the appellant has submitted that appellant has preferred
this appeal against the judgment of conviction dated 13.02.2019 and order of
sentence dated 19.02.2019 passed by learned Additional Sessions Judge-II,
Ramgarh in S.T. No.10 of 2015, arising out of Ramgarh P.S. Case No.388 of
2014, corresponding to G.R. Case No.4001 of 2014, whereby the appellant has
been convicted for the offence under Section 302 I.P.C. and sentenced to
undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/-. In case of
default of payment of fine, he will undergo simple imprisonment for further
period of 02 months.
Learned counsel for the appellant has submitted that earlier the prayer for
bail of this appellant has been rejected on 23.07.2019 and now the appellant has
served sentence of eight years on 01.10.2022, as such in view of the judgment
of the Hon'ble Apex Court, the appellant has renewed his prayer for bail.
Learned counsel for the appellant has further submitted that this Criminal
Appeal is of the year 2019 and there is no likelihood of taking this appeal for
hearing in near future, as such, the appellant may be enlarged on bail.
Learned counsel for the State, Mr. Gautam Rakesh, Additional Public
Prosecutor has opposed the prayer for bail and has submitted that there is
consistent evidence against the appellant that he has committed murder of his
wife and the child witness, P.W.-8, Rishi @ Sonu, who is deaf and dumb, has
witnessed the occurrence, as such, the appellant may not be enlarged on bail.
Considering the rival submissions of the parties, looking into the facts and
circumstances of the case, since the appellant has served eight years out of
maximum sentence of life awarded under Section 302 of the I.P.C., we are
inclined to enlarge the appellant on bail after suspending the sentence, during
pendency of the appeal.
The appellant is directed to be enlarged on bail, during pendency of this
appeal, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)
with two sureties of the like amount each in connection with S.T. No.10 of
2015, to the satisfaction of learned trial court / learned Additional Sessions
Judge-II, Ramgarh on the following conditions:-
(i) One of the bailors shall be the deponent / pairvikar of the appellant of the
present interlocutory application namely, Ashish Kumar Paswan, Son of Sarju
Prasad, resident of Village - 80 Unit, Bhadani Nagar, P.O. - Lapanga, P.S.-
Chikor, District - Ramgarh, who has furnished photocopy of his UID Card
before this Court in the interlocutory application.
Office is directed to send photocopy of his UID Card to the trial court to
verify the authenticity of the bailor.
(ii) Another bailor shall be father / mother / brother / sister of the appellant.
(iii) Appellant as well as the bailors shall not change the address without
prior permission of the court below and shall cooperate during hearing of the
appeal.
I.A. No. 9347/2022 is allowed.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
Sunil-Rohit/
