Deepak Mahto @ Sunil Kumar Mahto vs The State Of Jharkhand
2022 Latest Caselaw 3535 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 364 of 2022
                                          ....

              Deepak Mahto @ Sunil Kumar Mahto                       ....    Appellant
                                          Versus
             The State of Jharkhand                                   .... Respondent
                                          ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Nilesh Kumar, Adv.
                For the State                 : Mr. A.K.Dey, APP
                                              ....
03/05.09.2022             I.A. No.4374 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 13.04.2022 and 20.04.2022 respectively passed by learned Addl. Sessions Judge-I, West Singhbhum at Chaibasa in S.T. No.280 of 2013 arising out of Noamundi P.S. Case No.29 of 2013 corresponding to G.R. No.432 of 2013, whereby the appellant has been convicted for the offence under Sections 25(1-A) and 26 (2) of the Arms Act and has been sentenced to undergo R.I. for seven years with a fine of Rs.3,000/- for the offence under Section 25(1-A) of the Arms Act and in default of payment of fine, further sentenced to undergo S.I. for one month. The appellant further sentenced to undergo R.I. for seven years with a fine of Rs.3,000/- for the offence under Section 26(2) of the Arms Act and in default of payment of fine further sentenced to undergo S.I. for one month.

Learned counsel for the appellant has submitted that there is no independent witness save and except official witness. Further the seizure list witness has not been examined and thus the seizure is doubtful. Alternatively, it has been argued that the appellant is suffering from H.I.V. and wife has been proposed as a bailor. On above fact, prayer for suspension of sentence has been made.

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

Considering the above facts, 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-I, West Singhbhum at Chaibasa in connection with Noamundi P.S. Case No.29 of 2013 corresponding to G.R. No.432 of 2013, 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.4374 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/