Dulu Hansda vs The State Of Jharkhand
2022 Latest Caselaw 3559 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.7689 of 2022
                           In
             Cr. Appeal (S.J.) No.293 of 2022

     Dulu Hansda                                 ......     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. Chandrajit Mukherjee, Advocate For the State : Mrs. Niki Sinha, A.P.P.

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05/Dated: 07          September, 2022
I.A. No.7689 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 09.03.2022 and order of sentence dated 10.03.2022, passed by the court of learned Additional Sessions Judge- II, Ghatsila, in S.T. No.399 of 2016, whereby the appellant has been convicted for the offence under Section 326 read with Section 34 of the Indain 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 allegation is general and omnibus in nature so far as this appellant is concerned. There is specific allegation against Yadu Murmu, who has caused injury on the thigh of the father of the informant by sharp cutting weapon and rest of the injuries are simple in nature. No overt act has been specifically assigned to this appellant. This appellant is in custody since 09.03.2022 and he was all along bail during trial.

4. On the other hand, learned A.P.P has opposed the prayer for suspension of sentence.

5. Considering the above fact, 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- II, Ghatsila, in Sessions Trial No.399 of 2016, 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. I.A. No.7689 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-