Bablu Lohar vs The State Of Jharkhand
2022 Latest Caselaw 3558 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.7017 of 2022
                           In
             Cr. Appeal (S.J.) No.302 of 2022

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

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For the Appellant : Mr. Anjani Kumar, Advocate For the State : Mr. Bishambhar Sharstri, A.P.P.

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               th
04/Dated: 07        September, 2022
I.A. No.7017 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 appellant, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 16.02.2022 and order of sentence dated 22.02.2022, passed by the court of learned Additional Sessions Judge- I, West Singhbhum at Chaibasa, in S.T. No.195 of 2017, whereby the appellant has been convicted for the offence under Section 376(2)(i) read with Section 511 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of seven years along with fine and default clause.

3. It has been submitted by the learned counsel for the appellant that the appellant has completed half of the sentence as he has remained in custody for more than four years out of the punishment of seven 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 appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned learned Additional Sessions Judge- I, West Singhbhum at Chaibasa, in Sessions Trial No.195 of 2017, subject to the condition that

the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has 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.7017 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-