Achu Munda vs The State Of Jharkhand
2023 Latest Caselaw 3365 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (SJ) No. 789 of 2022

Achu Munda                                                            ... Appellant
                                       -Versus-
The State of Jharkhand                      ...                        ... Respondent

      CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

            For the Appellant :- Mr. Abhay Kumar, Advocate
            For the State     :- Mr. S.K. Srivastava, APP
                                    ...

05/05.09.2023: IA No. 7723 of 2023 Heard the learned counsel for the appellant as well as the learned counsel for the State on the interlocutory application filed by the appellant for suspension of sentence during the pendency of this criminal appeal.

This criminal appeal was directed against the judgment of conviction dated 13.09.2022 and the order of sentence dated 16.09.2022, passed by the learned Sessions Judge, Khunti, in Sessions Trial Case No. 151 of 2018, whereby and whereunder, the appellant has been convicted under sections 25(1-A)/ 25(1-B)a/ 26(2)/ 35 of the Arms Act and sentenced to undergo 7 years RI and fine of Rs.10,000/- and in default of payment of fine further sentenced to SI for 1 year for the offence under section 25(1-A) of the Arms Act; further sentenced to undergo 5 years RI and fine of Rs.5000/- and in default of payment of fine further sentenced to undergo SI for 6 months for the offence under section 25(1-B)a of the Arms Act; and, further sentenced to 5 years RI and fine of Rs.5000/- and in default of payment of fine further sentenced to undergo SI for 6 months for the offence punishable under section 26(2) of the Arms Act.

The learned counsel for the appellant has submitted that (i) the learned Court below has not appreciated the proper possession of the articles

(ii) the learned Court below has not considered the deposition of PW-7, who has not investigated the case properly (iii) the learned Court below has also not considered the intention and motive and (iv) the learned Court below has also not considered the deposition of PW-5 Sergeant Major, who has examined the arms and ammunition. The learned counsel has further submitted that the appellant is in custody since 04.12.2017 and therefore, the appellant has completed more than half of the sentence awarded to him. Therefore, his prayer for suspension of sentence, during pendency of this criminal appeal, may be considered.

Learned counsel for the State has opposed this interlocutory application for suspension of sentence, during the pendency of this criminal appeal.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties, also considering the period of custody already spent by the appellant and in the facts and circumstances, present appellant, named above, is ordered to be released on bail, during pendency of this criminal appeal, on executing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Khunti, in Sessions Trial Case No. 151 of 2018,

Accordingly, IA No. 7723 of 2023 stands disposed of.

S.B.                                                    (Ratnaker Bhengra, J.)