Aftab Alam vs The State Of Jharkhand
2023 Latest Caselaw 1436 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 359 of 2022
                                           ....

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

                For the Appellant             : Mr. P.P.N.Roy, Sr. Adv.
                For the State                 : Mr. Rakesh Ranjan, APP
                                              ....
04/31.03.2023             I.A. No.2295 of 2023

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 13.04.2022 passed by learned Additional Sessions Judge-VI- cum-Spl. Judge, Crime against Women, Hazaribag in S.T. No.87 of 2018, arising out of Sadar (M) P.S. Case No.1104 of 2015 corresponding to G.R. No.4018 of 2015, whereby the appellant has been convicted and sentenced to undergo R.I. for five years with a fine of Rs.10,000/- for the offence under Section 306 of IPC and in default of payment of fine, further sentenced to undergo S.I. for two months.

The prayer for bail of the appellant was earlier rejected vide order dated 02.08.2022 in I.A. No.4334 of 2022.

Learned senior counsel for the appellant has submitted that the appellant has completed more than a year of the sentence as imposed upon him by the court below. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer of the appellant. From perusal of record, it appears that the deceased has committed suicide due to the fact that marriage could not be solemnized due to non-payment of dowry.

Considering the above fact and the fact that he has remained in jail for more than one year, 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 Additional Sessions Judge-VI- cum-Spl. Judge, Crime against Women, Hazaribag in S.T. No.87 of 2018, arising out of Sadar (M) P.S. Case No.1104 of 2015 corresponding to G.R. No.4018 of 2015.

However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed more than a year in jail custody. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.2295 of 2023 stands disposed of.

(Rajesh Kumar, J.) Shahid/