Bifaiya Ahir @ Rupcharan Ahir vs The State Of Jharkhand
2022 Latest Caselaw 3536 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 133 of 2022
                                          ....

              Bifaiya Ahir @ Rupcharan Ahir                          ....    Appellant
                                          Versus
             The State of Jharkhand                                   .... Respondent
                                          ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Arun Kumar, Adv.
                For the State                 : Ms. Ruby Pandey, APP
                                              ....
05/05.09.2022             I.A. No.4900 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 07.12.2021 and 13.12.2021 respectively passed by learned Addl. Sessions Judge-II, Gumla in S.T. No.87 of 2019 arising out of Dumri P.S. Case No.14 of 2018 corresponding to G.R. No.811 of 2018, whereby the appellant has been convicted for the offence under Section 307 of IPC and has been sentenced to undergo R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 307 of IPC and in default of payment of fine, further sentenced to undergo S.I. for six months.

The appellant has been charged under Sections 307, 326 and 427 of IPC. After conclusion of trial, he has been convicted under Section 307 of IPC only and has been acquitted from the charges under Sections 326 and 427 of IPC.

It has been submitted by learned counsel for the appellant that the prosecution case is specific that the appellant had broke the door and had entered into the house and assaulted the victim but the Investigating Officer has not supported the fact of breaking the door. The manner of commission of crime is doubtful. 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-II, Gumla in connection with Dumri P.S. Case No.14 of 2018 corresponding to G.R. No.811 of 2018, 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.4900 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/