Sandeep Kumar Sinha vs The State Of Jharkhand
2023 Latest Caselaw 3599 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         Cr. Appeal (SJ) No. 420 of 2023

Sandeep Kumar Sinha                                     ...   ... Appellant
                                    Versus
The State of Jharkhand                                 ... ... Respondent
                          ------

CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA

-------

        For the Appellant      : Mr. Nilesh Kumar, Advocate
        For the State          : Mr. V.K. Sinha, APP
                          --------
Order No.04/Dated: 21st September, 2023
           Admit.
           Call for LCR.
          IA No. 5791 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 24.5.2023 and the order of sentence dated 29.5.2022 passed in S.T. Case no. 213 of 2019 by the learned District & Additional Sessions Judge-II, FTC (CAW), Bermo at Tenughat, whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for 7 years under section 304B/34 IPC, further R.I. for 7 years and fine of Rs. 10,000/-under section 306/34 IPC with default stipulation of 4 months RI, further for the offence under section498-A/34 IPC sentenced to undergo RI for 3 years with fine of Rs. 5,000/- with default stipulation of RI for 2 months and for the offence u/s 4 of DP Act he has been sentenced to undergo RI for 6 months with fine of Rs. 2,000/- with default stipulation of RI for 1 month..

The learned counsel for the appellant has submitted that the appellant has been in custody since 19.3.2019 so he has already spent more than four years in custody out of imposed seven years. He further submits that there is major contradictions in the evidence of the witnesses. Informant has stated in his examination in chief that he had talked with the deceased just before the death but the same has not been proved by the prosecution. 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. 15,000/- (Rupees Fifteen Thousand Only) with two sureties of the like amount each to the satisfaction of the District & Additional Sessions Judge- II, FTC (CAW), Bermo at Tenughat, in connection with ST Case No. 213 of 2019 arising out of Chandrapura P.S. Case No.17 of 2019, corresponding to GR No. 251 of 2019, 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 appeal without prior permission of the Court.

Accordingly, I.A. No. 5791 of 2023 stands disposed of.

KNR                                                  (Ratnaker Bhengra, J.)