Pradeep Mandal @ Pradeep Sundi vs The State Of Jharkhand
2023 Latest Caselaw 3369 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (SJ) No. 287 of 2023

Pradeep Mandal @ Pradeep Sundi                                        ... Appellant
                                       -Versus-
The State of Jharkhand                      ...                        ... Respondent

      CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

            For the Appellant :- Mr. Rakesh Kumar, Advocate
            For the State     :- Mr. Sunil Kumar Dubey, APP
                                    ...

03/05.09.2023: IA No. 5005 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 13.04.2023 and the order of sentence dated 20.04.2023, passed by the learned District & Additional Sessions Judge-III, Koderma, in Sessions Trial No. 35 of 2016, whereby and whereunder, the appellant has been convicted under sections 25(1B)(a) & 26 of the Arms Act and sentenced to undergo 3 years RI and fine of Rs.2,000/- under section 25(1B) (a) of the Arms Act and in default of payment of fine further sentenced to undergo SI for 6 months; and, further sentenced to undergo 5 years RI and fine of Rs.5000/- under section 26 of the Arms Act and in default of fine, further sentenced to undergo SI for one year.

The learned counsel for the appellant has submitted that (i) the learned trial Court has failed to take into consideration of the fact that PW-9 and PW-10 are the seizure witnesses and they have not supported the prosecution case and they have been declared hostile and (ii) the learned trial Court has also failed to take into consideration that except seizure witnesses, other witnesses are police witnesses. The learned counsel has further submitted that the appellant is in custody from 08.11.2014 to 23.11.2016 and after conviction, the appellant is in custody from the date of judgment and therefore, the appellant has spent about 2 years and five months in custody. 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 District & Additional Sessions Judge- III, Koderma, in Sessions Trial No. 35 of 2016

Accordingly, IA No. 5005 of 2023 stands disposed of.

S.B.                                                    (Ratnaker Bhengra, J.)