Suresh Verma @ Suresh Sonar vs The State Of Jharkhand
2022 Latest Caselaw 3857 Jhar

                                   -1-

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.1367 of 2022
                           In
             Cr. Appeal (S.J.) No.80 of 2022

     1.   Suresh Verma @ Suresh Sonar
     2.   Sunil Verma @ Sunil Kumar Verma
     3.   Anil Verma
     4.   Naresh Verma
          @ Naresh Prasad Poddar       ......                     Appellants
                               Versus
     The State of Jharkhand                          .....   Respondent

                                With

                    I.A. No.6729 of 2022
                             In
               Cr. Appeal (S.J.) No.46 of 2022
     Munna Verma
     @ Gautam Kumar Verma              ...... Appellant
                               Versus

     The State of Jharkhand                          .....   Respondent
                               ---------

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

---------

     For the Appellants        : Mr. Kamdeo Pandey, Advocate
                                (in Cr. Appeal No.80/22)
                                Mr. Md. Azam, Advocate
                                 (in Cr. Appeal No.46/22)
     For the State             : Mr. S.P. Jha, A.P.P.
                                 Ms. Mohua Palit, A.P.P
     For the Informant         : Mr. Pratiush Lala, Advocate
                                 Mr. Deepak Sahu, Advocate
                                (in both the appeals)
                               ---------
07/Dated: 21st September, 2022
I.A. No.1367 of 2022
I.A. No.6729 of 2022

1. These interlocutory applications have 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. These appeals have been preferred against the judgment of conviction and order of sentence dated 10.01.2022 and 15.01.2022 respectively, passed by learned Additional Sessions Judge-XII, Dhanbad in S.T. Nos.143 of 2019, 74 of 2020 & 33 of 2021, arising out of Jharia P.S. Case No.201 of 2017, corresponding to G.R. No.3314 of 2017,

whereby the appellants namely, Suresh Verma @ Suresh Sonar, Naresh Verma, Sunil Verma @ Sunil Kumar Verma and Anil Verma have been convicted under Sections 307/ 34 of the Indian Penal Code and they have been sentenced to undergo R.I. for five years with fine of Rs.20,000/- each and in default of payment of fine, further sentenced to undergo S.I. for three months each.

The appellant namely, Munna Verma @ Gautam Kumar Verma, has been convicted for the offence under Section 307 of I.P.C and Section 27 of the Arms Act and has been sentenced to undergo R.I for eight years along with fine for the offence under Section 307 I.P.C and R.I for seven years along with fine for the offence under Section 27 of the Arms Act with default clause.

3. Having heard learned counsel for the appellants, learned A.P.Ps, learned counsel for the informant and on perusal of the record, it appears that one of the co-convicts namely, Munna Verma @ Gautam Kumar Verma (appellant in Cr. Appeal No.46 of 2022) has fired upon the victim and the finding has been recorded by the court below in para - 38 of the judgment that other co-convict persons were not aware regarding the possession of arms by Munna Verma @ Gautam Kumar Verma and accordingly they have been given the benefit of Section 27 of the Arms Act. In view of the above findings, the conviction of the appellants (in Cr. Appeal No.80 of 2022) under Section 307 of the I.P.C has been objected and prayer for suspension of sentence has been made.

4. Considering the above facts and the fact that the appellants in Cr. Appeal (S.J.) No.80 of 2022 were all along on bail, I am inclined to suspend the sentence and enlarge them on bail.

So far as the appellant namely, Munna Verma @ Gautam Kumar Verma (appellant in Cr. Appeal No.46 of 2022) is concerned, the injured witness has clearly deposed regarding firing made by Munna Verma @ Gautam Kumar Verma and further the said fact gets corroborated by the medical evidence. Accordingly, I am not inclined to suspend the sentence and enlarge the appellant namely, Munna Verma @ Gautam Kumar Verma on bail.

The appellants namely, Suresh Verma @ Suresh Sonar, Sunil Verma @ Sunil Kumar Verma, Anil Verma and Naresh

Verma @ Naresh Prasad Poddar are directed to be released 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 Additional Sessions Judge-XII, Dhanbad in S.T. Nos.143 of 2019 & 74 of 2020, 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.

5. I.A. No.1367 of 2022 stands disposed of and I.A. No.6729 of 2022 stands rejected.

(Rajesh Kumar, J.) Chandan/-