Surendra Kant Choubey @ Suren ... vs The State Of Jharkhand
2022 Latest Caselaw 3533 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 376 of 2022
                                         ....

Surendra Kant Choubey @ Suren Pandit .... Appellant Versus The State of Jharkhand .... Respondent ....

             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant              : Mr. A.K.Ganjhu, Adv.
                For the State                  : Mr. M.K.Mishra, APP
                                               ....

03/05.09.2022             I.A. No.4680 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 28.04.2022 and 30.04.2022 respectively passed by learned Distt. & Addl. Sessions Judge-II, Khunti in S.T. Case No.132 of 2015 arising out of Murhu P.S. Case No.30 of 2015 corresponding to G.R. Case No.190 of 2015, whereby the appellant has been convicted under Sections 148/ 353/ 307/149 of IPC and Sections 25(1-B)a/ 25(1-A)/ 35 and 27 of the Arms Act and Section 17 of the C.L.A. Act and the maximum sentence imposed upon the appellant is R.I. for seven years for the offence under Sections 307 of IPC with fine of Rs.5,000/- and in default of payment of fine, further sentenced to undergo S.I. for one year.

Learned counsel for the appellant has submitted that no injury has been caused to the victim and discrepancies have been pointed out in the deposition of witness. It has been further submitted that the appellant has remained in custody for about more than three 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 Distt. & Addl. Sessions Judge-II, Khunti in connection with Murhu P.S. Case No.30 of 2015 corresponding to G.R. Case No.190 of 2015, 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 more than three years of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.4680 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/