Suresh Kongari vs The State Of Jharkhand
2022 Latest Caselaw 4000 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 530 of 2022
                                           ....

              Suresh Kongari                                          ....     Appellant
                                           Versus
             The State of Jharkhand                                    .... Respondent
                                           ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Suraj Kishore Prasad, Adv.
                For the State                 : Mrs. Priya Shrestha, Spl. P.P.
                                              ....
03/28.09.2022             I.A. No.8641 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 10.06.2022 and 14.06.2022 respectively passed by learned Sessions Judge, Khunti in connection with S.T. Case No.107 of 2017 arising out of Rania P.S. Case No.08 of 2016 corresponding to G.R. Case No.127 of 2016, whereby the appellant has been convicted under Sections 147/ 148/ 353/ 307 & 414/149 of IPC and Section 27 of the Arms Act and the maximum sentence imposed upon the appellant is R.I. for five years and with default clause.

Learned counsel for the appellant has submitted that the appellant has remained in custody for about one year and nine months. The conviction under Section 27 of the Arms Act has been assailed stating that nothing has been recovered from his possession and there is no evidence suggesting the use of fire-arms and as such conviction under Section 307 of IPC is also bad in law. The appellant was all along on bail during trial. On above fact, prayer for suspension of sentence has been made.

Learned Spl. P.P. has opposed the prayer.

Considering the above facts, 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 Sessions Judge, Khunti in connection with S.T. Case No.107 of 2017 arising out of Rania P.S. Case No.08 of 2016 corresponding to G.R. Case No.127 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.

I.A. No.8641 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/