Amit Kumar Gupta @ Amit Kumar vs The State Of Jharkhand
2023 Latest Caselaw 695 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 1376 of 2017

              Amit Kumar Gupta @ Amit Kumar          ---           ---    Appellant
                                              Versus
              The State of Jharkhand                 ---           ---   Respondent
                                                ---

              CORAM:         Hon'ble The Acting Chief Justice
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                                    ---
              For the Appellant:        M/s A.K. Kashyap, Sr. Advocate,
                                        Pramod Kr. Choudhary, Advocate
              For the Respondent:       Mr. Saket Kumar, A. P.P
                                          ---
09 / 09.02.2023      Heard learned senior counsel for the appellant and learned A.P.P on the

renewed prayer for suspension of sentence of this appellant made through I.A. No. 8672/2022.

2. This appellant along with other co-accused namely, Shambhu Das, Arbind Kumar and Vijay Kumar Singh has been convicted for the offence punishable under section 302/34 and Section 120-B of the Indian Penal Code and Section 27 of the Arms Act.

3. Prayer for suspension of sentence of this appellant was earlier rejected on 19.01.2018 by the Coordinate Bench of this Court. Prayer has been primarily renewed on the ground of custody since the appellant is in jail from 26.10.2013 i.e. 09 years and 03 months. Relying upon the decision of the Apex Court in the case of Saudan Singh vs. The State of Uttar Pradesh vide judgment dated 25.02.2022 passed in Cr. Appeal No. 308/2022 (@ SLP (Crl.) No. 4633/2021), learned senior counsel for the appellant has prayed that the appellant may be released on bail by suspending the sentence on similar condition.

3. Learned A.P.P does not dispute that the appellant has remained in custody for more than 09 years and 03 months against the imprisonment for life imposed upon him.

4. Having regard to the facts and circumstances noted above and the period of custody of 09 years and more undergone by the appellant, we are inclined to enlarge the appellant on bail by suspending the sentence. Accordingly, Appellant- Amit Kumar Gupta @ Amit Kumar shall be released on bail, during pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Sessions Judge, Bokaro in connection with S.T. Case No. 170/2014 with the condition that the appellant shall report to the local police station on

the first Monday of every month in the forenoon and one of the bailor shall be the father of the appellant and appellant and bailors shall submit their Aadhar Card at the time of his release and shall not change their address or mobile nos. without permission of the learned Trial Court. I.A. stands disposed of. .

(Aparesh Kumar Singh, A.C.J)

(Anubha Rawat Choudhary, J) Ranjeet/