Citation : 2022 Latest Caselaw 4219 Jhar
Judgement Date : 17 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 605 of 2022
....
Rakesh Kumar Jaiswal @ Rakesh Jaiswal .... Appellant Versus The State of Jharkhand .... Respondent ....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Appellant : Mr. Anjani Kumar, Adv.
For the State : Mr. V.S.Sahay, A.P.P.
....
03/17.10.2022 I.A. No.9266 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 23.07.2022 passed by learned Sessions Judge, West Singhbhum at Chaibasa in connection with S.T. Case No.45 of 2018 arising out of Chakradharpur P.S. Case No.47 of 2017, 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 307 read with section 34 of IPC and in default of payment of fine, further sentenced to undergo S.I. for six months.
Learned counsel for the appellant has submitted by referring to the injuries that the injuries are simple in nature caused by hard and blunt substance and the same are not life threatening, as such offence under Section 307 of IPC is not made out. Further, the appellant was all along on bail during the trial. On above fact, prayer for suspension of sentence has been made.
Learned A.P.P. has opposed the prayer.
Considering the above fact, 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 Sessions Judge, West Singhbhum at Chaibasa in connection with S.T. Case No.45 of 2018 arising out of Chakradharpur P.S. Case No.47 of 2017, 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.
I.A. No.9266 of 2022 stands disposed of.
(Rajesh Kumar, J.) Shahid/
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