Brajesh Singh vs The State Of Jharkhand
2022 Latest Caselaw 3884 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.5758 of 2022
                           In
             Cr. Appeal (S.J.) No.483 of 2021

     Brajesh Singh
     @ Brajesh Kumar Singh                               ......       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. Sabyasanchi, Advocate
     For the State               : Mr. V. N. Jha, A.P.P.
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07/Dated: 22nd September, 2022
I.A. No.5758 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 28.09.2021 and 30.09.2021 respectively, passed by the court of learned Additional Sessions Judge - IV, Garhwa in S.T. No.166 of 2009, arising out of Manjhiaon P.S. Case No.150 of 2007, corresponding to G.R. No.1057 of 2007, whereby the appellant has been convicted for the offence under Section 325 of the Indian Penal Code and has been sentenced to undergo R.I. for five years along with fine of Rs.20,000/- with default clause.

3. It has been submitted by learned counsel for the appellant that the initially the appellant was charged for the offence under Sections 147/ 148/ 149/ 341/ 323/ 325/ 307 of the Indian Penal Code and Sections 3/ 4 of the Prevention of Witch (Daain) Practices Act but he has been convicted for the offence under Section 325 of I.P.C only and the said Section is triable by the magistrate. It has further been submitted that the appellant has remained in custody for more than a year. On above basis, prayer for suspension of sentence has been made .

4. Learned A.P.P has opposed the prayer for bail.

5. Considering the fact that the appellant has been

convicted for the offence under Section 325 of the I.P.C, which is triable by the magistrate and further, the period of custody of the appellant, 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 - IV, Garhwa in S.T. No.166 of 2009, 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.5758 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-