Raja Ram Munda vs The State Of Jharkhand
2023 Latest Caselaw 3416 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           (Criminal Miscellaneous Jurisdiction)
                              Cr. A. (SJ) No. 778 of 2022

Raja Ram 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.Shukla, APP
                             --------
                     th
Order No.05/Dated: 8 September, 2023
               I.A. No. 7722 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 under section 25(1-B)a and under section 26(2) of the Arms Act.

The learned counsel for the appellant submits that the appellant submits that only two live cartridge of 12 bore has been recovered form the house of the appellant but whether they are harmful or not was not determined. He is in custody since 4.12.2017. He further submits that the appellant has spent more than half years of the sentence in custody. Therefore he may be released on bail, during pendency of the appeal The learned counsel for the State has opposed the prayer for bail. 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 the appeal, on executing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Khunti in connection with Murhu P.S. Case No. 82 of 2017, corresponding to GR case no. 475 of 2017 (ST case no. 151 of 2018).

IA No. 7722 of 2023 stands allowed and disposed of.

KNR                                                           (Ratnaker Bhengra, J.)