Parasan Guria @ Prashan Guria @ ... vs The State Of Jharkhand
2022 Latest Caselaw 3979 Jhar

                           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Criminal Appeal (S.J.) No.330 of 2022
                                            ....

Parasan Guria @ Prashan Guria @ Prassan Guria @ Guriya .... Appellant Versus The State of Jharkhand .... Respondent ....

              CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                 : Mr. S.K..Ganjhu, Adv.
                For the State                     : Mr. Shiv Shankar Kumar, A.P.P.
                                                  ....
04/27.09.2022              I.A. No.4524 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 28.11.2018 and 01.12.2018 respectively passed by learned Distt. & Addl. Sessions Judge-I, Khunti in S.T. No.78 of 2018 arising out of Torpa P.S. Case No.58 of 2016 corresponding to G.R. Case No.402 of 2016, whereby the appellant has been convicted under Sections 25(1-A) /25(1-b)a/ 26(2)/ 35 of the Arms Act and under Section 17 of the C.L.A. Act and the maximum sentence imposed upon the appellant is R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 25(1-A)/35 of the Arms Act and in default of payment of fine, further sentenced to undergo S.I. for six months.

Learned counsel for the appellant has submitted that the appellant has remained in custody for more than five years out of the maximum punishment of seven years. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer.

Considering the period of custody, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Distt. & Addl. Sessions Judge-I, Khunti in S.T. No.78 of 2018 arising out of Torpa P.S. Case No.58 of 2016 corresponding to G.R. Case No.402 of 2016, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed more than five years of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.4524 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/