Ladu Munda vs The State Of Jharkhand
2023 Latest Caselaw 3372 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Criminal Miscellaneous Jurisdiction)

                             Cr. A. (SJ) No.774 of 2022

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

CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Petitioner : Mr. Abhay Kumar, Advocate For the State : Mr. Shree Prakash Jha, APP

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th Order No.06/Dated: 5 September, 2023 I.A. No. 7726 of 2023 The present Interlocutory Application has been filed for suspension of sentence during pendency of this criminal appeal.

The present criminal appeal is directed against the judgment of conviction dated 13.9.2022 and the order of sentence dated 16.9.2022 passed in S.T. Case no. 151 of 2018 by the learned Sessions Judge, Khunti, whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for 7 years and fine of Rs. 10,000/- and with default stipulation of SI for one year for the offence under sections 25(1-A) of the Arms Act and further convicted and sentenced to undergo RI for 5 years with fine of Rs. 5,000/- with default stipulation of SI for 6 months for the offence u/s 26 (2) of the Arms Act.

The learned counsel for the appellant has submitted that the appellant has spent more than half of the sentence in custody as he has been in custody since 4.12.2017 and, therefore, his prayer for suspension of sentence, during pendency of appeal, may be considered.

The learned counsel for the State has opposed the present interlocutory application.

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 of the case, the appellant, named above, is ordered to be released on bail, during pendency of this appeal, on executing bail bond 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

connection with ST Case No. 151 of 2018 arising out of Murhu P.S. Case No. 82 of 2017, corresponding to GR No. 475 of 2017, subject to the condition that the appellant shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court.

Accordingly, I.A. No. 7726 of 2023 stands disposed of.

KNR                                                 (Ratnaker Bhengra, J.)