Birendra Oraon vs The State Of Jharkhand
2022 Latest Caselaw 3701 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.7845 of 2022
                           In
             Cr. Appeal (S.J.) No.551 of 2021

     Birendra Oraon                           ......      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. Avishek Prasad, Advocate
     For the State          : Mr. B. N. Ojha, A.P.P.
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               th
05/Dated: 14        September, 2022
I.A. No.7845 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 and order of sentence dated 20.09.2021 and 22.09.2021 respectively passed by learned Addl. Sessions Judge-III, Latehar in S.T. No.40 of 2021 arising out of Latehar P.S. Case No.198 of 2020 corresponding to G.R. Case No.726 of 2020, whereby the appellant has been convicted under Section 25(1-A)/35, 25(1-B) a/35 and 26/35 of the Arms Act and the maximum sentence imposed upon the appellant is R.I. for six years for the offence under Sections 25(1-A)/35 of the Arms Act with fine of Rs.2,000/- and in default of payment of fine, further sentenced to undergo R.I. for two months. .

3. It has been submitted by learned counsel for the appellant that maximum punishment is six years while the appellant has remained in custody for more than two years. It has been further submitted that the arms and ammunition seized from this appellant has not been produced in the court. In fact, material produced in the court is different as it is evident from the deposition of P.W.-11. 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 above facts, 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 Additional Sessions Judge-III, Latehar in S.T. No.40 of 2021 arising out of Latehar P.S. Case No.198 of 2020, corresponding to G.R. Case No.726 of 2020, 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.7845 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-