Tabarak Ansari vs The State Of Jharkhand
2022 Latest Caselaw 3557 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.4421 of 2022
                           In
             Cr. Appeal (S.J.) No.351 of 2022

     1.   Tabarak Ansari
          @ Tabaraque Ansari
     2.   Aftab Ansari @ Aftab @ Chhotu Ansari
          @ Aftab @ Chhotu              ......     Appellants

                             Versus
     The State of Jharkhand                    .....   Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Rana Surjit Singh, Advocate For the State : Mr. Bishambhar Sharstri, A.P.P.

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               th
05/Dated: 07        September, 2022
I.A. No.4421 of 2022

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellants, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 19.04.2022 and order of sentence dated 21.04.2022, passed by the court of learned Additional Judicial Commissioner - XXI, Ranchi in S.T. No.490 of 2016, whereby the appellants have been convicted for the offence under Sections 304 Part II, 341 and 342 of the Indian Penal Code, and maximum sentence for two years along with fine and default clause have been imposed upon them for offence under Section 304 Part II of the I.P.C.

3. It has been submitted by the learned counsel for the appellants that the appellants have remained in custody for more than one year out of the maximum punishment of two years. On above fact, prayer for suspension of sentence has been made.

4. Learned A.P.P has opposed the prayer for suspension of sentence.

5. Considering the period of custody, I am inclined to suspend the sentence and enlarge the appellants on bail, during the pendency of the appeal, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

sureties of the like amount each to the satisfaction of learned learned Additional Judicial Commissioner - XXI, Ranchi, in Sessions Trial No.490 of 2016, subject to the condition that the appellants will remain present before the Court when the appeal is taken up for hearing, failing which their bail shall be cancelled.

6. However, the court below before issuing the release order will satisfy itself regarding the fact that the appellants have completed half of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

7. I.A. No.4421 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-